trainer’s manual
TRANSCRIPT
Trainer’s Manual
Module on Introduction to EU Environmental Law
COOPERATION WITH NATIONAL JUDGES IN THE FIELD OF
EU ENVIRONMENTAL LAW
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Table of contents
Objectives ............................................................................................................................................................................. 3
Structure ............................................................................................................................................................................... 4
II. Methodology ............................................................................................................................................. 6
Time frame .......................................................................................................................................................................... 6
Teaching methods ............................................................................................................................................................ 7
Documents ........................................................................................................................................................................ 11
III. User’s pack: the function of different elements of the training module .............................. 12
Introduction....................................................................................................................................................................... 12
Blended e-learning ........................................................................................................................................................ 13
Background documentation ...................................................................................................................................... 14
Workshop exercise material....................................................................................................................................... 15
Trainer’s contributions .................................................................................................................................................. 15
Additional documents .................................................................................................................................................. 16
IV. Organising and implementing workshop: structure, content and methodology ............... 17
Setting the scene ....................................................................................................................................................... 18
Unit 1: EU toolbox for national judges and prosecutors ....................................................................... 22
Unit 2: Principles of EU environmental law .................................................................................................. 24
Unit 3: Case study on the EU environmental principles ........................................................................ 26
Unit 4: EU nature protection legislation ......................................................................................................... 28
Unit 5: EU Environmental Impact Assessment Law .................................................................................... 30
Unit 6: Overview of the Environmental Liability Directive (ELD) .......................................................... 33
Unit 7: Air quality legislation ................................................................................................................................ 36
Unit 8: Access to justice in environmental matters ................................................................................... 39
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Unit 9: Legislation on industrial emissions and accidents ...................................................................... 42
Unit 10: Case study on access to justice ........................................................................................................ 45
Unit 11: EU waste law and policy....................................................................................................................... 47
Unit 12: EU water quality legislation ................................................................................................................ 50
Unit 13: Closing Session – evaluation of the workshop .......................................................................... 53
Annex I: Template indicative workshop programme........................................................................ 55
Annex II: Background material to be contained in the user’s pack ............................................. 58
A. General overview of European Environmental law ...................................................................... 59
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I. Introduction
This training module on the Introduction to EU Environmental Law, developed by ERA on
behalf of the European Commission, addresses judicial training institutes, networks of judges,
national judges, experts from NGOs, academic experts, trainers, any other relevant actors (for
example, prosecutors) and end-users of European Union Member States wishing to organise
training sessions in the area of EU environmental law.
Objectives
The training module addresses judges and prosecutors dealing with environmental issues with
previous general, and in certain cases specific, knowledge regarding the subject. The module will
provide judges and prosecutors with relevant information on the latest developments of the EU
environmental law acquis, relevant jurisprudence of the Court of Justice of the EU and an in-
depth analysis of the different environmental legislations. This training module will also assist
national judges as well as national prosecutors to apply the relevant EU instruments in detail.
The training module will gather materials in order to conceive a workshop of 2.5-day duration
with the goal to develop and raise understanding on the main areas of EU Environmental Law.
The key topics to be covered are:
• Principles of EU Environmental Law
• Nature protection legislation
• Environmental impact assessment legislation
• Environmental Liability Directive (ELD)
• Air quality legislation
• Access to justice in environmental matters
• Industrial emissions and accidents legislation
• Waste law and policy
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• Water quality legislation
After this training on the Introduction to EU Environmental Law, participants will have greater
knowledge of international and EU actors and instruments presented. They will have gained a
better understanding of the legal aspects related to EU approach to environmental matters and
related regulation, and implementing EU instruments. Also, they will be in a better position to
actively apply EU environmental rules transposed into their respective national legislation. They
will also have an excellent opportunity to exchange views regarding implementation practices in
their respective Member States with colleagues from other jurisdictions.
Structure
The workshop implementing the training module is designed to last 4 sessions of half a day
(18h).
The workshop programme “Introduction to EU Environmental Law” consists of 13 interrelated
but self-standing units. These units can be combined into an implementing workshop
depending on the prior knowledge of participants, the time available and the specific training
approach.
• Unit 1: EU toolbox for national judges and prosecutors
• Unit 2: Principles of EU environmental law
• Unit 3: Case study on the EU environmental principles
• Unit 4: EU nature protection legislation
• Unit 5: EU environmental impact assessment law
• Unit 6: Overview of the Environmental Liability Directive (ELD)
• Unit 7: Air quality legislation
• Unit 8: Access to justice in environmental matters
• Unit 9: Legislation on industrial emissions and accidents
• Unit 10: Case study on access to justice
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• Unit 11: EU waste law and policy
• Unit 12: EU water quality legislation
• Unit 13: Closing session – evaluation of the workshop
The various training methods that can be used in future workshops based on this material will
also be presented in the module, together with recommendations on how and in which part of
the training they may be best employed. Face-to-face presentations can be combined with
practical exercises requiring active contribution of participants, IT-supported learning, allowing
participants to familiarise themselves with available tools, and interactive sessions promoting the
exchange of good practice and experience. n
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II. Methodology
Time frame
The workshop is designed to last approximately 4 sessions of half a day (18h). The exact
structure and length will, of course, be decided by the training providers.
Elements that should be considered in each instance when finalising the workshop programme
and deciding on the allocation of time between the different sub-sessions include the need to
effectively cover all the main features of the subject matter and provide sufficient time for
participants to ask questions and interact with the trainers and with each other. The fact that
long sessions have proven to be less effective in adult training should be borne in mind.
Frequent breaks or changes in teaching style should therefore be introduced in the workshop.
➢ An indicative time allocation for each unit will be provided in Part IV of this trainer’s
manual.
Crucial for the success of the training workshop is the selection of trainers. It has been proven
that trainers with a professional background common to that of the participants tend to have a
better understanding of their training needs and be more effective when addressing them. For
this reason, the composition of the target group is a factor to be considered when selecting the
trainers of an implementing workshop.
It is also important to identify the right trainer for each unit. In the units where the emphasis is
on practical issues, the involvement of a practitioner, lawyer or judge with personal experience
in the issue would be ideal. If the focus of a presentation is the transmission of information or
the introduction to concepts or a broader area of law, an academic or a suitable policy officer
even with a scientific background could also constitute a good option.
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➢ More concrete input on the trainer’s profile seemingly best fitting to each unit will be
provided in Part IV of this trainer’s manual.
In addition to professional qualifications, the quality of an implementing workshop will also
depend on the individual trainer’s didactic competences and pedagogical skills. Trainers should
not only be knowledgeable, but also be able to effectively transmit information, assist end users
in developing new skills and motivate them to actively follow the training. They would have to
provide the necessary information in a clear and structured manner, highlight the links between
participants’ daily work and issues being discussed, retain some flexibility in order to adapt to
the specific needs and interests of the end users attending the workshop as they become
apparent, and be open and encouraging in discussing and exchanging views with them in the
course of the session.
Other skills that potential trainers should ideally possess and which should be considered are
the trainer’s linguistic skills (when workshops are international), and their familiarity with IT
products; the use of technology would be required in at least some parts of the training (IT-
training sessions, use of PowerPoint or other audio-visual material, e-learning course, etc.).
Teaching methods
Lecture-style presentation
The optimal method for the provision of a large amount of information in a limited period of
time is lecture-style presentations, conducted in plenary. This method provides the trainer with
the necessary time and flexibility to structure and present the content of the sub-session as s/he
sees fit.
Supporting material such as outlines, and PowerPoint or other presentation tools should be
employed during the lecture. This would not only enable participants to follow the presentation
better, but constitute a reference document for the future as well, should end users wish to
review the main issues of the sub-session.
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One of the objectives of the workshop is to familiarise participants with existing legislation. In
this context, reference to the material included in the user’s pack should be made throughout
the lecture and participants should be encouraged to go through the legal texts, identify the
provisions and acquire a better understanding of their structure and applicability.
Enriching the lecture with practical examples could also be a means of emphasising the link
between theory and practice and better illustrating the application of various legal instruments.
Brief exercises or questions could also be formulated by the trainers, requiring participants to
reflect and discuss them before presenting the answer. Trainers would, thus, not only create an
atmosphere of dialogue within the group, but also assess whether the concepts have been
properly explained.
Time for discussion or Q&A sessions should in all cases be ensured for end users wishing to ask
for clarification or further information. Depending on the content and structure of each lecture,
questions may be raised during the presentation or in a subsequent discussion session
moderated by the trainer or the workshop leader.
Although the key role in face-to-face presentations is played by the trainer, end users should
also be encouraged to actively contribute to different sub-sessions. Participants learn not only
from the provision of the training per se, but also from hearing questions and problems they
have not yet found themselves confronted with. For this reason, it is important that all end users
attending the workshop are encouraged and feel comfortable enough to share thoughts and
ideas and contribute with their own experiences. This element is of particular importance in
international workshops, where participants have the possibility to expand their knowledge with
information on the application of EU environmental law in other Member States, learning from
each other.
Workshop case studies
In addition to information on the EU general aspects and frameworks on environmental law, the
training also aims at providing participants with some practical experience in the particularities
of related cases.
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In order to further highlight issues requiring special attention and allow participants to develop
specific skills, it is important to ensure their involvement in this part of the training. For this
reason, specially designed workshop case studies will complement each thematic unit. Another
advantage of this method is that the preparation of a case study constitutes an interactive way
of learning. After having listened to face-to-face presentations or read background material,
participants would appreciate a change of presentation technique.
▪ Case studies prepared in working groups
During the workshop exercises, participants will be given the opportunity to use their skills and
knowledge to solve case studies related to i. the EU environmental principles and general
environmental-related legislation ii. access to justice on environmental matters.
A short introduction on the organisational aspects of the task shall be provided to participants
by the trainer with the questions and answers session to be followed during the plenary session:
which issues shall be discussed in the groups, what results shall be aimed for and which
deliverables shall be presented during the plenary session to be followed after the discussions.
Participants should subsequently be divided into smaller working groups and working space
should be provided for each of them. Working in smaller groups has significant advantages for
participants: the possibility to focus on case studies will enable them to deepen their recently
acquired knowledge by applying it to concrete cases. This approximates a real-life scenario and
can constitute valuable experience for the future. The working group format would allow each
participant to be actively involved in the debate and improve their communication skills.
As one of the key objectives of the exercise is the exchange of opinions among end users, it is
important that the workshop leader allocates participants to the working groups to support this
interaction: in international implementing workshops and as long as participants working
languages allow it, end users from different Member States or from jurisdictions with different
legal traditions should be brought together in the working groups. If a workshop is organised
as a national judicial training, judges from different courts could be asked to work together.
Further to solving the case, this diversity would allow participants to obtain better insights into
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how the questions would be dealt with and how the EU legislation involved is applied in
another country, by a different legal profession, in a different city or court.
➢ As two case studies are recommended for the workshops implementing this training
module, altering the composition of the working groups in each exercise would be a way to
further increase participant interactivity.
The trainer shall set exact timing for each part of the task during the introductory part of the
case study. Depending on the time available, the trainer, coordinating each exercise, will have to
decide whether all working groups should deal with all case studies or if specific case studies
should be allocated to different groups in order to ensure that end users are able to thoroughly
examine all issues.
Once the working groups have been set up, they should organise themselves, develop a
working method and identify which member(s) of the group will be responsible for reporting
the conclusions of their discussion to other end users. The trainer leading the exercise should be
present and following the interaction in each group to a certain extent, offering advice on time
management, being available to provide clarification and answering questions, and being
prepared to assist participants if they face major difficulties or their discussion becomes
derailed. If trainers of other subjects of the workshop are present, they may also get involved in
discussions of the chosen smaller group for monitoring the discussion and helping out on the
subject matter.
When all the groups complete their work, participants should return to the plenary session
room to discuss their conclusions. This will allow them to compare their solutions to the
features of the case studies, get further ideas from their colleagues in the other groups and
broaden their understanding of the subject matter.
To achieve the objectives of this closing discussion, it is important to ensure that all groups take
the floor and present the results of their work. It would be most effective to discuss one case at
a time, invite the rapporteur of one of the groups to present their conclusions and the main
elements of their discussion and then ask the end users of the other groups for additional
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comments, different opinions etc. In conclusion, the trainer should summarise the main points
raised in the discussion and give his/her own feedback, so that participants can confirm whether
they successfully dealt with the case or whether there could be further improvement.
▪ IT-supported learning
IT-supported learning can enhance the efficiency of training and give end users the opportunity
to gain practical experience by making use of the possibilities the internet offers on issues
related to environmental law in general. In this way end users will have the opportunity to
become familiar with the various EU websites in the area (such as the E-Justice Portal, the EJTN
website, Eur-Lex, the Curia website, ECLI etc.), where they can acquire further information and
advice on how to apply EU instruments covered by the workshop. By efficiently using these
websites, participants will actively learn how to find the relevant legal texts and cases and
receive assistance on practical problems they may face when applying EU law in this area.
Documents
The documents to be made available at the training workshop consist of the contents of the
user’s pack. The user’s pack will, in particular, include:
▪ blended e-learning material;
▪ workshop reader;
▪ background documentation set;
▪ workshop programme;
▪ list of participants;
▪ list of trainers/ speakers;
▪ CVs of the trainers;
▪ speakers’ contributions;
▪ evaluation form.
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III. User’s pack: the function of different elements of the training module
Introduction
The term ‘user’s pack’ means the entire wealth of material that will be made available to
participants of an implementing workshop. This will consist mostly of the blended e-learning
material, training material (related printed legal documents, links to online sources of
bibliography of legal instruments on the topic on an USB stick, trainers’ contributions and case
studies) as well as supporting documents, such as the workshop programme, the list of
participants, workshop evaluation forms etc.
It is, of course, at the discretion of the workshop organisers and trainers to use the materials
provided in the manner they deem most fitting and to also include additional documents where
necessary. All key EU legal instruments required for the provision of the training on Introduction
to EU Environmental Law are already part of the user’s pack, but as implementing workshops
may be structured with a specific focus, further material could be of use.
The materials for inclusion in the user’s pack can and should be provided mainly in electronic
format, either using a USB stick or by making the content available online and granting all
workshop participants access to it. Material that needs to be regularly referred to during the
workshop or that would make it easier to follow proceedings should be provided in a hardcopy
for ease of reference during the event:
▪ workshop programme;
▪ list of participants;
▪ list of trainers/ speakers;
▪ trainers’ contributions;
▪ printed texts of the legal acts to be analysed;
▪ case studies;
▪ evaluation forms.
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➢ When presenting the material that should accompany each unit, distinction should be made
between ‘necessary material’ to be provided in hardcopy and ‘additional material’ that
should be included in the electronic documentation.
Blended e-learning
The training module has been structured to include ‘blended learning’ as a methodological
approach, given that it combines the interactivity of training during the implementing
workshops with the flexibility provided by e-learning material. As the e-learning material has
different functions and can be used by the workshop participants at several stages of their
learning process, it is important that they have access to it on different occasions: before the
implementation of the workshop, in order to prepare for the meeting, while it is taking place, in
order to make best use of the available material with the help of the trainers, and after the
workshop, as a point of reference for finding information on EU Environmental Law.
The key function of this e-learning material is to introduce end users to a number of legal
topics with regard to various aspects of EU Environmental Law. Namely, the EU environmental
principles, and legislation about subjects such as nature protection, environmental impact
assessment, environmental liability, air quality, access to justice, waste, and water quality (policy
context, objectives, scope of application and structure), focus in particular on definitions, key
features, main challenges, access to justice, and enforcing EU instruments for preventing
environmental harm, and dealing with occurred environmental harms.
It will include:
▪ The main international and EU legal instruments as well as case law that will be analysed
during the workshop which participants should go through before they attend the
course, as well as the corresponding quiz to test their knowledge. The aim is not to
replace the workshop sessions on these subjects but to complement them by ensuring
that all participants have a common basic level of knowledge before they start and can
make the most of the discussion to clarify issues during the workshops.
▪ Access to the bibliography of legal instruments and other relevant source material which
participants can refer to at any time.
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▪ Access to the remainder of the e-learning version of the training module to be provided
after the workshop for participants to use as a refresher and to re-use with their
colleagues alongside the workshop training materials.
Once participants have been selected, they should receive information on how to access the e-
learning materials and be encouraged to go through its contents 7-10 days before the
implementation of the workshop. In this way, they will have the possibility to refresh or acquire
some basic knowledge and be better prepared for the workshop programme.
Background documentation
Legal texts will make up the large majority of the content of the training materials: international
conventions, treaty articles, regulations, directives, case law of the Court of Justice of the
European Union etc. will constitute the background to analysis in the workshop. A
comprehensive collection of all background documents, which can be referred to after the
conclusion of the workshop, should be included in the electronic documentation. Participants
are likely to come back to these texts in order to refresh their memory, find a specific provision
or judgment, and seek guidance or inspiration if confronted with a case on the subject at a later
stage. This format could also support easy further dissemination of this material, which
workshop participants could forward to their colleagues if requested.
Further to legal texts, links to online databases, tools and sources, such as the e-justice portal,
Eur-Lex, Curia, ECLI and other similar websites should as also be included as background
material in the electronic documentation.
➢ Proposals on which specific material to include in this part of the user’s pack are included in
Part d) on the analysis of each sub-session of the workshop.
The material should be provided in the language of the workshop. When international
workshops are organised, links to EU databases (such as http://eur-lex.europa.eu/ or
http://curia.europa.eu/) could be included, so that end users can access EU legal texts in the
language of their choice. Further to their inclusion in the electronic documentation, providing
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the few documents in hard copy that are absolutely essential during the workshop is
recommended. Being able to quickly find a provision, see the structure of a legal instrument,
make notes etc. could help end users to better follow the training and further familiarise
themselves with the legal instruments being discussed.
Workshop exercise material
Two workshop exercises are proposed for the workshops implementing the training module on
‘Introduction to EU Environmental Law’. Both are structured on the basis of case studies.
Preparatory material supporting the workshops’ case studies, such as the tasks of the different
cases that are to be discussed or additional legal texts that will be needed for solving the cases
must be provided for the participants during the workshop.
Trainer’s contributions
In addition to the background documents, every time an implementing workshop on
“Introduction to EU Environmental Law” is organised, the trainers involved should be asked to
prepare their own supporting material, in the form of PowerPoint presentations, outlines, notes
or full texts of their lectures. Trainers should be free to structure the material supporting their
presentations as they prefer. The main objective would be to help end users attending the
workshop to better follow the presentation, and for this reason particular emphasis should be
given to the provision of a clear structure.
Trainers may also be advised to prepare a well-judged number of slides, leaving some time for
questions and answers session during the presentation or if an unplanned discussion evolves.
The trainers’ contributions could also be used as a reference document for identifying the main
points of the subject matter.
Speakers’ contributions should additionally be included in the user’s pack. They should also be
included in hardcopy in the documentation pack.
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➢ Providing some kind of written support of the lectures is always recommended and for this
reason always mentioned under “necessary documents’”. Especially an outline of the
PowerPoint presentation reflecting the structure of the sub-session allows participants to
better understand the structure and follow the lecture.
Additional documents
Further to the training material, a number of documents supporting the organisation of the
workshop must be made available to participants. These would be of immediate and continuous
use during the workshop.
The finalised workshop programme must be provided at the beginning of the training, allowing
participants to plan accordingly and better understand the training flow. A list of all workshop
participants should be provided, facilitating the interaction between end users attending the
workshop. Moreover, by including certain contact details (professional position and postal
address) participants are given the opportunity to maintain contact even after the conclusion of
the workshop. Finally, in order to achieve an immediate evaluation of the workshop, a
questionnaire seeking participant feedback on the workshop content, organisational features
and overall effectiveness shall be distributed.
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IV. Organising and implementing workshop: structure, content and
methodology
For the training module on the ‘Introduction to EU Environmental Law’ and its implementing
workshops, a structure on the basis of thematic units is proposed. Each thematic unit will focus
on a specific topic of EU law in this area. Each implementing workshop will thus consist of
several units, ensuring the alternation of theoretical and practical elements. The final structure
will, however, have to be decided by taking into consideration end users’ prior knowledge and
training priorities. With the addition of opening and closing units, serving both pedagogical and
organisational purposes, an implementing workshop of 4 sessions of half a day (18h) could be
designed as detailed below:
• Unit 1: EU toolbox for national judges and prosecutors
• Unit 2: Principles of EU environmental law
• Unit 3: Case study on the EU environmental principles
• Unit 4: EU nature protection legislation
• Unit 5: EU environmental impact assessment law
• Unit 6: Overview of the Environmental Liability Directive (ELD)
• Unit 7: Air quality legislation
• Unit 8: Access to justice in environmental matters
• Unit 9: Legislation on industrial emissions and accidents
• Unit 10: Case study on access to justice
• Unit 11: EU waste law and policy
• Unit 12: EU water quality legislation
• Unit 13: Closing session – evaluation of the workshop
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Setting the scene
Short description of the contents
The workshop should always start by welcoming the participants and providing a brief
introduction and explanation of the content of the programme, organisation and
implementation of the workshop.
General objectives
The main objective of this first session is to welcome trainers and participants to the workshop,
to set the scene by reminding them of the framework of the training course and to encourage
their interaction and active participation in the course.
Specific learning points
Introduction of organisers of the workshop
The welcoming session shall be used to introduce the training manager of the workshop, who is
responsible for the successful implementation of the content of the programme, chairing of
presentations, managing of the questions and answers sessions, arranging and implementing of
the practical exercises, and dealing with ad hoc issues during the whole workshop. The training
manager may be assisted by a judicial training advisor of the workshop, who, ideally, shall be an
expert on the topic (a judge, a legal practitioner or an academic) and who is usually involved in
preparation of the workshop material from the very beginning (setting the structure of the
programme, arranging the content of each presentation as well as of practical exercise to be
covered, checking all the prepared presentations to make sure that the material is not
duplicating each other and also helping in implementing a workshop, if needed).
Introduction of participants and trainers
The opening session should also be used in order to allow participants to introduce themselves,
present their national and professional background, and illustrate their expectations for the
workshop. In this way, end users will be familiar with addressing the group, which should
facilitate their active participation in the following sessions and they will also get to know their
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colleagues’ background a little better. Making trainers and participants aware of which
nationalities and professional groups are represented in the workshop can be of great relevance
in the discussion and an asset in ensuring effective exchange of information and experience. The
possibility to discover from participants the experience which they bring with them to the
training course and what they are primarily seeking to achieve by their participation could help
the workshop leader to better adapt the programme to meet participants’ specific needs, by
emphasising certain aspects, making adjustments on the time allocated in the different sub-
sessions, etc.
➢ This may be achieved by inviting participants to ask a key question they expect to see
addressed during the workshop or to indicate which element made them apply for the
workshop.
Presentation of the workshop’s programme
The workshop should include, at the beginning, a presentation of the programme, scope and
objectives. The focus of each unit will be indicated and the expected contribution of the
participants in each part of the programme emphasised. It is important that end users realise
the goal of each unit and the flow of the workshop programme in order to be better equipped
to follow the discussions and make sure they do not miss the opportunity to raise questions or
clarify any ambiguity.
Presentation of the training material
The opening session is also the opportunity to present the material included in the user’s pack
and explain its function, so that end users may use it throughout the workshop. The content of
the electronic documentation should be outlined (all related legal texts, links to online sources,
suggested solutions to the case studies, etc.) and explanations provided on the documents that
will have been made available to the participants for reference during the workshop (e.g.
trainers presentations and outlines, key legal texts, the case studies for the workshop exercises,
documents such as the list of participants, the workshop assessment tools etc.).
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Presentation of the workshop’s organisational aspects
Further to this, all logistical aspects of the workshop will be presented. In the face-to-face
workshops, the locations that will be used during the workshop for the different sessions, the
exercises and the lunch and coffee breaks will be indicated, the possibility to use computers,
Wi-Fi, a library, a business station etc. laid out and information on the lunches organised and
dinners provided. In the online workshops, the networking sessions as well as the virtual social
programme should be presented. It is important here to ensure that end users are reminded of
and are able to profit from all measures taken to facilitate their participation in the workshop, as
well as of the importance of the joint activities in allowing a less formal interaction among
trainers and fellow participants.
Methodology
While participants are in plenary; everyone is invited to introduce themselves. The programme
of the workshop will be presented by the training manager of the workshop.
After welcoming participants and trainers to the workshop, they will be given the opportunity to
introduce themselves and express their expectations regarding the workshop. This will improve
the atmosphere of the workshop from the very beginning, which is a key element for its
success. Participants are more likely to be active during the event if they know their colleagues’
backgrounds.
Furthermore, the outline and main objectives of the workshop will be presented. This
introduction will contain information on both the programme and the logistics (e.g. which
rooms will be available for the participants during the workshop, library, availability of
computers and Wi-Fi, coffee breaks and meals, evening programme).
Duration
The time allocated to the opening session will depend on the number of participants attending
the workshop. Taking into account that the workshop should ideally have 20 to 30 participants,
the opening session should last approximately 30 minutes, in order to ensure sufficient time for
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all trainers and participants to present themselves, and for the provision of all necessary
information on the event.
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 Final version of the workshop programme
02 List of trainers
03 Trainers’ CVs
04 List of participants
The training manager should demonstrate the entire user’s pack in this unit, including the
electronic documentation, in order to inform participants of all the different features of the
pack.
Trainer’s profile
The opening session will be held in plenary and coordinated by the training manager, the
person responsible for ensuring the coherent management of the workshop, or the judicial
training advisor. There would be an added value in assigning the role of the ‘workshop
manager’ to the person responsible for the organisation of the workshop. He or she would be
most suitable to present the programme's structure and main objectives, having made all
related decisions and given priority to specific features of the training over others.
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Unit 1: EU toolbox for national judges and prosecutors
Short description of content and general objectives
The aim of this presentation is to set the scene of the topic. Firstly, emphasis is given to the
instruments and tools made available by the European law to national judges and prosecutors.
Secondly, an important feature of this unit is to initiate an exchange of thoughts and
experiences about EU Environmental Law among legal practitioners from different MS (peer
discussion). Among the topics to be briefly discussed are: the role of the national judge; Access
to justice; Preliminary reference (interpretation/validity); Supremacy of EU law; Principles of
equivalence and effectiveness.
Specific learning points
• General legal aspects for the application of EU environmental law by national judges and
prosecutors
• Nature protection
• The role of the national judge
• Access to justice
• Preliminary reference
• Supremacy of EU Law
• Principles of equivalence and effectiveness
Methodology
This unit should be conducted as a lecture-style presentation in plenary session, even though
online. The scope of this unit is large but attempts to not go beyond what is necessary for
national judges. There will be sufficient time for participants to raise questions or discuss any
unclear points and to contribute with their own experience after other presentations. Therefore,
this introductory part should be as clear as possible and not skip any key points which will be
elaborated later on.
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Time frame
The time allocated to this unit should be approximately 75 minutes.
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 PowerPoint Presentation: “EU toolbox for national judges and prosecutors”
02 A full text of the TEU
03 A full text of the TFEU
04 A full text of the Aarhus Convention
Additional material (to be included in the electronic documentation – USB stick):
EU Legislation and Case Law
01 Case C-243/15 „Slovak Brown Bear II“ of the CJEU
02 Recommendation on 2018/C 257/01
03 Costa/Enel case
04 Case C-312/93 Peterbroek of the CJEU
05 Case C-416/10 AG Kokott of the CJEU
Trainer’s profile
An ideal speaker is a judge with high experience in European Environmental Law.
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Unit 2: Principles of EU environmental law
Short description of content and general objectives
This unit is of paramount importance, since it addresses the Principles of European
Environmental Law. Firstly, the presentation will discuss the scope and role of the set of
principles, within the historical progression of sustainable development discussion in
international law. Then, it will introduce the content of the following principles: sustainable
development, integration, prevention, precautionary, rectifying damage at source, and polluter
pays.
Specific learning points
• The environmental principles in European Law
• Importance and scope of environmental law principles
• Definition of sustainable development
• Sustainable development in the international instruments
Methodology
This unit should be conducted as a lecture-style presentation in plenary session, even if online,
encouraging questions and discussion.
Time frame
The time allocated to this unit should be around 60min.
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 PowerPoint Presentation: ‘Principles of European Environmental Law’
25
Additional material (to be included in the electronic documentation – USB stick):
EU Legislation and Case Law
01 ICJ, Gabcikovo-Nagymaros Case, Hungary v. Slovakia (1997)
02 Full text of the TEU
03 Full text of the TFEU
04 Case C 43/10 (Acheloos river, Greece)
05 Trail Smelter arbitration, US v. Canada, 1941
06 ICJ Pulp Mills Case (2010)
07 WTO: Hormones case (Canada/US v. EC, 1997-1998)
08 CJEU Case C-2/90
Trainer’s profile
An ideal speaker would be a professor of European environmental law or a practitioner with
relevant knowledge and/or experience of the European setting.
26
Unit 3: Case study on the EU environmental principles
Short description of content and general objectives
In this unit, a case study on environmental principles will be implemented. It is a fictional case,
which will help the participants to understand and discuss various aspects of the role and the
function of the environmental principles. The implementation and the content of the principles
will be examined in the framework of nature protection cases.
Specific learning points
• Role and function of the principles
• Content of the principles – focus on the principle of precaution
• Interrelationship with the substantive EU environmental law
Methodology
The trainer will present the case by raising the main factual features. After the introductory
presentation, participants will be divided into groups of 6-8 people. The groups will discuss the
case on the basis of EU law and national (procedural) law. After the group discussion,
participants will return to the plenary. Each group will have a rapporteur to explain the results of
their discussion and the trainer will comment on their findings.
Time frame
The introduction of the case study should take 15 minutes; afterwards participants will divide
into groups. The discussion on the case will take 45 minutes, the following discussion in plenary
including the debriefing will take another 30 minutes.
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 Case study / text of the exercise
27
02 PowerPoint: Solution to the case study
Trainer’s profile
Continuous training of judges on the subject can be more successful when done by a colleague
who has the same professional background (“speaking the same language”). An ideal speaker
could therefore be a judge experienced in administrative justice or an experienced lawyer in the
field of environmental law.
28
Unit 4: EU nature protection legislation
Short description of content and general objectives
The focus of this unit is to introduce the EU nature protection law. Firstly, it briefly explains why
the status of nature is worsening in the EU. Secondly, it provides a historical background and an
institutional context of such kind of legislation. Both the Habitats Directive and the Birds
Directive are specifically discussed. The presentation also highlights some compliance aspects
and the challenges to implement EU nature law in practice. The challenges of national
implementation are also highlighted, including cooperation aspects.
Specific learning points/ questions raised for the case study
• Nature status in Europe
• Background and context of nature legislation in Europe
• Habitats Directive
• Birds Directive
Methodology
This unit should be conducted as a lecture-style presentation in plenary session, even if online,
encouraging questions and discussion.
Time frame
The time allocated to this unit should be around 75min.
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 PowerPoint Presentation: ‘EU Nature Conservation Law: an introduction’
29
02 Full text of the Habitats Directive
03 Full text of the Birds Directive
Additional material (to be included in the electronic documentation – USB stick):
EU and Member States’ Case Law
01 Full text of the TFEU
Trainer’s profile
The ideal speaker would be a judge or a professor with relevant knowledge and experience on
nature protection legislation.
30
Unit 5: EU Environmental Impact Assessment Law
Short description of content and general objectives
The objective of this unit is to explain the EU Environmental Impact Assessment (EIA) Law,
focusing on the role of national judges and prosecutors. Firstly, it presents the historical
development and context of the subject, including an overview of the EIA Directive, SEA
Directive, Aarhus Convention, Espoo Convention, Industrial Emissions Directive, and Habitats
Directive. Then, it describes the scope of EIA, and aspects of public participation and access to
justice. To provide a more practical approach, several cases from the CJEU are mentioned and
discussed.
Specific learning points
• Environmental Impact Assessment
• EIA Directive
• SEA Directive
• Aarhus Convention
• Espoo Convention
• IE Directive
• Habitats Directive
Methodology
This unit should be conducted as a lecture-style presentation in plenary session, even if online.
The order in which the different points of the unit are presented should be defined by the
trainer.
Time frame
The time allocated to this unit should be approximately 75 minutes.
31
Documentation
Necessary material (to be made available during the sub-session):
01 PowerPoint Presentation: ‘EU Environmental Impact Assessment Law‘
02 Full text of the EIA Directive
03 Full text of the SEA Directive
Additional material (to be included in the electronic documentation – USB stick):
Relevant International and European Documents and Case Law
01 Full text of the Aarhus Convention
02 Full text of the Espoo Convention
03 Full text of the IE Directive
04 Full text of the Habitats Directive
05
Full text of the Directive 2011/92/EU on the assessment of the effects of
certain public and private projects on the environment, as amended by
Directive 2014/52/EU
06 Full text of the Directive 92/43/EEC on the conservation of natural habitats and
of wild fauna and flora
07 Full text of the Directive 2010/75/EU on industrial emissions
08 CJEU Case C-243/15
08 CJEU Case Airport Brussels Hoofdstedelijk Gewest and Others (C-275/09)
09 CJEU Case Pro-Braine and Others (C-121/11, EU)
32
10 CJEU Case Inter-Environnement Wallonie and Bond Beter Leefmilieu
Vlaanderen (C-411/17)
11 CJEU Case C-535/18
12 CJEU Case C-244/12
13 CJEU Case C-461/17
14 CJEU Case C-280/18
15 CJEU Case C-72/12
16 CJEU Case C-196/16
17 CJEU Case C-197/16
18 CJEU Case C-261/18
19 CJEU Case C-115/09
20 CJEU Case C-570/13
21 CJEU Case C-24/19
Trainer’s profile
The ideal speaker would be a professor of European and/or international environmental law or a
practitioner with relevant knowledge and/or experience on EU Environmental Assessment
Procedures.
33
Unit 6: Overview of the Environmental Liability Directive (ELD)
Short description of content and general objectives
The objective of this presentation is to provide an insight of the Environmental Liability Directive
(ELD). In order to do so, various aspects of it are discussed, such as: aims, key provisions,
transposition, implementation, Reports and the Regulatory Fitness and Performance Programme
(REFIT), Multi-annual work programme, amendments, among others. To provide a more practical
approach, several cases from the CJEU are mentioned and discussed.
Specific learning points
• General information about the ELD
- Aim
- Key provisions
- Amendments
• The ELD in the Member States
- Transposition
- Differences between Member States
- Implementation
• Reporting and compliance mechanisms
- Reports and the Regulatory Fitness and Performance Programme (REFIT)
- Multi-annual work programme and other actions by the Commission
• European Parliament Resolution
• CJEU cases related to the ELD
• Interconnections with other European legislation, such as the Water Framework Directive,
the Marine Strategy Framework Directive, the Birds Directive, and the Habitats Directive
34
Methodology
This unit should be conducted as a lecture-style presentation in either plenary session or in
distance learning. The subsequent discussion should be moderated either by the trainer or the
chair of the event.
Time frame
The time allocated to this unit should be approximately 45-60 minutes.
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 PowerPoint Presentation: “Introduction to the Environmental Liability Directive”
02 Full text of the Directive 2004/35/EC on environmental liability with regard to
the prevention and remedying of environmental damage (ELD)
Additional material (to be included in the electronic documentation – USB stick):
Relevant European Documents and Case Law
01 Full text of the Industrial Emissions Directive (2010/75/EU)
02 Full text of the Water Framework Directive
03 Full text of the Marine Strategy Framework Directive (2008/56/EC)
04 Full text of the Offshore Safety Directive (2013/30/EU)
05 Full text of the Birds Directive
06 Full text of the Habitats Directive
07 CJEU Cases Raffinerie Mediterranee (ERG) SpA v Ministero dello Sviluppo
economico (Cases C379/08 and C-380/08, 2010)
35
08 CJEU Companion Case (C-378/08, 2010)
09 CJEU Case Ministero dell’Ambiente e della Tutela del Territorio e del Mare v
Fipa Group Srl (C-534/13, 2015)
10 CJEU Case Túrkevei Tejtermelő Kft. v Országos Környezetvédelmi és
Természetvédelmi Főfelügyelőség (C-129/16, 2017)
11 CJEU Case Volk v Unabhängiger Verwaltungssenat für die Steiermark (C-
529/15, 2017)
12 CJEU Case Deutscher Naturschutzring, Dachverband der deutschen Natur- und
Umweltschutzverbände e.V. (C-683/16, 2018)
13 CJEU Case Naturschutzbund Deutschland — Landesverband Schleswig-Holstein
eV v Kreis Nordfriesland (C-297/19, 2020)
Trainer’s profile
The ideal speaker would be a judge, public prosecutor, or academic with relevant knowledge
and experience on Environmental Liability.
36
Unit 7: Air quality legislation
Short description of content and general objectives
The objective of this presentation is to provide an in-depth understanding of the air quality
European legislation. In order to do so, a short introduction about air pollution and its impacts
is followed by an explanation of the Directive 2008/50/EC on Ambient Air Quality. More
specifically, emphasis is placed on the following topics: objectives, limit values, plans and goals,
and monitoring. Similarly, the presentation will explain the Directive 2016/2284/EU on the
reduction of national emissions of certain atmospheric pollutants, the National Emission
Reduction Commitments (NERC), and the National Air Pollution Control Programmes (NAPCP).
To provide a more practical approach, several cases from the CJEU are mentioned and
discussed. Finally, the presentation brings some examples of national case law about the right
to clean air.
Specific learning points
• Directive 2008/50/EC on Ambient Air Quality
• Directive 2016/2284/EU on the reduction of national emissions of certain atmospheric
pollutants
• National Emission Reduction Commitments (NERC)
• National Air Pollution Control Programmes (NAPCP)
• The right to clean air in the Member States
Methodology
This unit should be conducted as a lecture-style presentation in plenary session, even if online,
but with incentive of the audience’s participation, considering their own backgrounds and
experience with investigation, prosecution and adjudication in this legal field, allowing a further
exploitation of the national approaches in case law in the subject.
37
Time frame
The time allocated to this unit should be approximately 60 minutes.
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 PowerPoint Presentation: ‘Air Quality Legislation’
02 Full text of the Directive 2008/50/EC on Ambient Air Quality
03 Full text of the Directive 2016/2284/EU on the reduction of national emissions
of certain atmospheric pollutants
04 Full text of the National Emission Reduction Commitments (NERC)
05 Full text of the National Air Pollution Control Programmes (NAPCP)
Additional material (to be included in the electronic documentation – USB stick):
Relevant European and MS Case Law
01 CJEU Case C-237/07 Janecek
02 CJEU Case C-404/13 ClientEarth
03 CJEU Case C-723/17 Craeynest
04 CJEU Case C-752/18 Deutsche Umwelthilfe
05 CJEU Case C-68/11 Commission v Italy
06 CJEU Case C-488/15 Commission v Bulgaria
07 CJEU Case C-336/16 Commission v Poland
08 CJEU Case C-636/18 Commission v France
38
09 UK Case ClientEarth (No.1) [2011] EWHC 3623 (Admin)
10 UK Case ClientEarth (No.1) [2015] UKSC 28
11 UK Case ClientEarth (No.2) [2016] EWHC 2740
12 UK Case ClientEarth (No.3) [2018] EWHC 398 (Admin)
13 Polish Case before the Supreme Administrative Court (File No. II OSK 3218/17)
14 Bulgarian Case before the Supreme Administrative Court (ruling No. 13138 on
1 November 2017)
15 Bulgarian Case Plovdiv (ruling No. 16049 on 20 December 2018)
16 Communication ACCC/C/2016/151 (Poland) to the Aarhus Convention
Compliance Committee
17 Communication ACCC/C/2018/161 (Bulgaria) to the Aarhus Convention
Compliance Committee
Trainer’s profile
The ideal speaker would be an academic or an environmental lawyer with relevant knowledge
and experience on air quality.
39
Unit 8: Access to justice in environmental matters
Short description of content and general objectives
The objective of this presentation is to provide an overview of the Aarhus Convention, with a
focus on access to justice. In such a context, the aim is to achieve a basic understanding of how
this Convention is applied and which limitations are encountered in the European Union at both
EU and national level. In this context, emphasis is placed on the tension between procedural
autonomy and harmonisation and sincere judicial cooperation. Finally, the unit aims at
developing the ability to apply the mentioned knowledge to the respective areas of expertise of
the participants.
Specific learning points
• Basic understanding of the Aarhus Convention, in particular access to justice;
• Basic understanding of how the Aarhus Convention is applied in the European Union at
both EU and national level;
• Knowledge and understanding of the limitations encountered at EU and national level as
regards the implementation of access to justice pillar;
• Ability to apply the discussed knowledge to the respective area of expertise.
Methodology
This unit should be conducted as a lecture-style presentation in plenary session, even if online,
but always instigating reflection in the participants.
Time frame
The time allocated to this unit will be approximately 60 minutes.
40
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 PowerPoint Presentation: ‘Access to Justice in Environmental Matters’
02 Full text of the Aarhus Convention
Additional material (to be included in the electronic documentation – USB stick):
Relevant European documents and Case Law
01 Full text of the TFEU
02 Full text of the Regulation (EC) N° 1367/2006
03 Full text of the Directive 2003/35/EC (Environmental Liability)
04 Full text of IEA Directives
05 Full text of the Directive 2003/4/EC (Access to Environmental Information)
06 Full text of the Commission Notice on Access to Justice
07 Full text of the EU Charter
08 Full text of the Directive 2010/75/EU (Industrial Emissions)
09 Full text of the Directive 2011/92/EU (Environmental Impact Assessment)
10 Full text of the Directive 2012/18/EU (Seveso III)
11 Full text of the Directive 2016/2284 (National Emissions Ceiling)
12 CJEU Case C-321/95P Greenpeace
13 T-600/15 PAN Europe case (direct concern and Charter)
14 T-330/18 Carvalho case
41
15 CJEU Case C-243/15 LZ II
16 CJEU Case C-570/13 Gruber
17 CJEU Case C-115/09 Bund für Umwelt und Naturschutz
18 CJEU Case C-263/08 Djurgården
19 CJEU Case C-224/01 Köbler
20 CJEU Case C-416/17 Commission v France
Trainer’s profile
An ideal speaker may be an environmental lawyer or a professor with experience in the field of
access to justice in environmental matters. Emphasis should be placed on practical implications
and hurdles for the access to justice.
42
Unit 9: Legislation on industrial emissions and accidents
Short description of content and general objectives
The objective of the unit is to provide a basic understanding of the EU legislation on industrial
emissions and accidents. In order to do so, the presentation will discuss the background, scope,
and Best Available Techniques (BATs) of the Industrial Emissions Directive, the Medium
Combustion Plants Directive, the Mercury Regulation, and the Seveso III Directive. Special
emphasis is also given to practical aspects of their implementation.
Specific learning points
• Industrial Emissions Directive (2010/75/EU)
o Best Available Techniques
o Scope
o Reference Documents
o Environmental inspections of installations
o Public participation
o European Pollutant Release and Transfer Register (E-PRTR)
o Accidents
• Medium Combustion Plants Directive (2015/2193)
o Main features
• Mercury Regulation (2017/852)
o Relevant technical aspects of mercury
• Seveso III Directive (2012/18/EU)
Methodology
This unit should be conducted as a lecture-style presentation in plenary session, even if online,
but always instigating reflection in the participants.
43
Time frame
The time allocated to this unit should be approximately 45 minutes.
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 PowerPoint Presentation: ‘Introduction to the Legislation on Industrial
Emissions and Accidents’
02 Full text of the Industrial Emissions Directive (2010/75/EU)
03 Full text of the Medium Combustion Plants Directive (2015/2193)
04 Full text of the Mercury Regulation (2017/852)
05 Full text of the Seveso III Directive (2012/18/EU)
Additional material (to be included in the electronic documentation – USB stick):
Relevant European and MS documents and Case Law
01 Full text of the IPPC Directive
02 Full text of the Directive 2001/80/EC on the limitation of certain pollutants into
the air from large combustion plants
03 Full text of the Directive 2000/76/EC on the incineration of waste
04
Full text of the Council Directive 1999/13/EC on the limitation of emissions of
volatile organic compounds due to the use of organic solvents in certain
activities and installations
05 Full text of the Council Directive 78/176/EEC on waste from the titanium
dioxide industry
06 Full text of the Council Directive 82/883/EEC on procedures for the surveillance
and monitoring of environments concerned by waste from the titanium
44
dioxide industry
07
Full text of the Council Directive 92/112/EEC on procedures for harmonising
the programmes for the reduction and eventual elimination of pollution
caused by waste from the titanium dioxide industry
08 Full text of the Ecodesign Directive (2009/125/EC)
09 Full text of the Directive 82/501/EEC on the major-accident hazardous of
certain industrial activities, with amendments
Trainer’s profile
The ideal speaker would be a lawyer or an environmental law professor with knowledge of the
industrial emissions directive and the legislation on environmental accidents.
45
Unit 10: Case study on access to justice
Short description of content and general objectives
In this unit the topic of access to justice in environmental matters will be examined through the
lens of an air pollution case. It is a fictional case, which will help the participants to understand
and discuss various aspects of the requirements according to the Aarhus Convention, as well as
the provisions of the Air Quality Directive.
The focus will be on Access to Justice for individuals and NGOs for challenging an air quality
plan before national courts. Hence, emphasis will be placed on the national procedural rules as
regards the admissibility of the legal action as well as the scope and the standard of review and
the adoption of effective remedies.
Specific learning points
• Air Quality Directive obligations
• Air quality plans (nature and content)
• Access to Justice for individuals and NGOs
• Effective Remedies
• National procedural rules
Methodology
The trainer will present the case by raising the main factual features. After the introductory
presentation, participants will be divided into groups of 6-8 people. The groups will discuss the
case on the basis of EU law and national (procedural) law. After the group discussion,
participants will return to the plenary. Each group will have a rapporteur to explain the results of
their discussion and the trainer will comment on their findings.
46
Time frame
The introduction of the case study should take 15 minutes; afterwards participants will divide
into groups. The discussion on the case will take 45 minutes, the following discussion in plenary
including the debriefing will take another 30 minutes.
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 Case study / text of the exercise
02 PowerPoint: Solution to the case study
Trainer’s profile
Continuous training of judges on the subject can be more successful when done by a colleague
who has the same professional background (“speaking the same language”). An ideal speaker
could therefore be a judge experienced in administrative justice or an experienced lawyer in the
field of environmental law.
47
Unit 11: EU waste law and policy
Short description of content
The objective of this presentation is to unpack the EU policy in the field of waste management
and to provide a comprehensive overview of the different pieces of legislation in this field. The
presentation comprises understanding the scope of the EU requirements and the core principles
behind them, applying the correct legislation, and interpreting the national law. The unit is
highly practical-oriented, analysing many cases from the CJEU.
Specific learning points
▪ Scope of the EU Waste Law
▪ Obligations within EU Waste Law
▪ Principles of EU Waste Law
▪ Definition of ‘’waste’’
▪ Enforcement challenges at national level
▪ Waste operations (landfill and incineration)
▪ Waste shipment
Methodology
This unit should be conducted as lecture-style presentation in plenary session, even if online,
but always instigating reflection in the participants.
Time frame
The time allocated to this unit should be approximately 75 minutes.
48
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 PowerPoint Presentation: ‘Introduction to EU Waste Law and Policy’
02 Full text of the Waste Framework Directive
03 Full text of the Regulation (EC) 1013/2006 on shipments of waste (WSR)
04 Full text of the Ship Recycling Regulation (EU) 1257/2013
Additional material (to be included in the electronic documentation – USB stick):
Relevant European documents and Case Law
01 Full text of the Birds Directive
02 Full text of the TFEU
03 Full text of the Directive 99/31/EC on the landfill of waste
04 Full text of the Directive 2010/75/EU on industrial emissions
05 Full text of the Directive 94/62/EC on packaging and packaging waste
06 Full text of the Directive 2000/53/EC on end-of-life vehicles (ELV)
07 Full text of the Directive 2006/66/EC on batteries and accumulators
08 Full text of the Directive 2012/19/EU on waste electrical and electronic
equipment (WEEE)
09 Full text of the Directive 2006/21/EC
10 Full text of the Commission Decision 2000/532/EC
11 Full text of the directives on the Circular economy package (2018/849-852)
49
12 CJEU Case C-129/16 (Túrkevei Tejtermelő Kft.)
13 CJEU Case C-69/15 (Nutrivet)
14 CJEU Case C-487/14 (Total Waste Recycling)
15 CJEU Case C-494/01 (Commission v Ireland)
16 CJEU Case C-2/90
17 CJEU Case C-297/08
18 CJEU Case C-335/16 (VG Čistoća)
19 CJEU Case C-292/12 (Ragn Sells)
Trainer profile
An ideal speaker may be a professor with experience in the field of EU waste law.
50
Unit 12: EU water quality legislation
Short description of content
The objective of the unit is to provide a basic understanding of the EU water quality legislation.
This means addressing the basic aim of the EU Water Legislation, the EU regulatory framework
for water quality, and related case law from the CJEU. Some specific aspects are also analysed,
such as the characterization of the river basins districts, monitoring and classification of water
bodies, participatory approach, economic dimension, among others.
Specific learning points
▪ Water Framework Directive
▪ River Basin Management Plans
▪ Ground Water Directive
▪ Environmental Quality Standards
▪ Urban Waste-Water
▪ Drinking Water
▪ Pollutants
▪ Related case law
Methodology
This unit should be conducted as a lecture-style presentation in plenary session, even if online,
but always instigating reflection in the participants.
Time frame
This session should take approx. 60 minutes.
51
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 PowerPoint Presentation: ‘EU Water Quality Framework’
02 Full text of the Water Framework Directive (2000/60/EC)
03 Full text of the Groundwater Directive (2006/118/EEC)
04 Full text of the Nitrates Directive (91/676/EEC)
05 Full text of the Urban Waste-Water Treatment Directive (91/271/EEC)
06 Full text of the Drinking Water Directive (98/83/EC)
07 Full text of the Floods Directive (2007/60/EC)
08 Full text of the Marine Strategy Framework Directive (2008/56/EC)
09 Full text of the Bathing Water Directive (2006/7/EC)
Additional material (to be included in the electronic documentation – USB stick):
Relevant European documents and Case Law
01 Full text of the Birds Directive
02 Full text of the TFEU
03 Full text of the Directive 99/31/EC on the landfill of waste
04 Full text of the EIA Directive (Directive 2011/92/EU)
05 Full text of the SEA Directive (Directive 2001/42/EC)
06 Full text of the Habitats Directive (92/43/EEC)
52
07 Full text of the Industrial Emissions Directive (2010/75/EU)
08 Full text of the Environmental Liability Directive (2004/35)
09 Full text of the Directive 2008/105/EC, as amended by the Directive 2013/39
10 CJEU Case C-461/13 Weser
11 CJEU Case C-535/18 IL et others v. Nordrhein-Westfallen
12 CJEU Case C-43/10 Acheloos
13 CJEU Case C-346/14 Commission v. Austria (‘Schwarze Sulm”)
14 CJEU Case C-525/12 Commission v. Germany
15 CJEU Case C-686/15 Vodoopskrba i odvodnja
16 CJEU Case C-280/02 Commission v. France
17 CJEU Case C-543/16 Commission v. Germany
18 CJEU Case C-197/18 Wasserleitungsverband Nördliches Burgenland
Trainer profile
An ideal speaker may be a professor with experience in the field of EU water quality legislation.
53
Unit 13: Closing Session – evaluation of the workshop
Short description of content
In the final session of the workshop, conclusions will be drawn and participants will be invited to
assess the event.
General objectives
Participants will provide feedback on the whole event, the preliminary information, the
workshop documentation, the e-learning module, and the usefulness of the workshop for their
daily work.
Specific learning points
▪ Summing up the event
▪ Obtaining the feedback
▪ Use the feedback and the evaluations to improve the training module (for organisers)
Methodology
Participants will be in plenary. Before the final discussion and evaluation of the event is actually
opened, each participant should have already filled in the evaluation form. If possible, all
participants, i.e. including the speakers and the training manager and/or judicial training advisor
of the workshop, shall participate in this final evaluation session. The training manager of the
workshop should encourage the participants to speak openly about their impressions of the
workshop.
Time frame
The closing session should take approx. 20-30 minutes.
54
Documentation
Necessary material (to be made available in hardcopy during the sub-session):
01 Evaluation form
Trainer profile
The closing session will be chaired by the training manager and/or the judicial training advisor
of the workshop.
55
Annex I: Template indicative workshop programme
56
57
58
Annex II: Background material to be contained in the user’s pack
59
A. General overview of European Environmental law
I.EU Documents
1 Consolidated versions of the Treaty on European Union and the Treaty on the
Functioning of the European Union (OJ C 202, 07.06.2016) ONLINE
2
Communication from the Commission to the European Parliament, the Council,
the European Economic and Social Committee and the Committee of the
Regions, The European Green Deal, COM(2019), 640 final, 11 December 2019
ONLINE
3
COM(2018) 10 final, Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and the
Committee of the Regions, “EU actions to improve environmental compliance
and governance”, 18 January 2018
ONLINE
4
Communication from the Commission to the European Parliament, the Council,
the European Economic and Social Committee and the Committee of the
Regions, An Action Plan for nature, people and the economy (COM(2017) 198
final, 27 April 2017)
ONLINE
5
COM(2017) 63 final, Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and the
Committee of the Regions, “The EU Environmental Implementation Review:
Common challenges and how to combine efforts to deliver better results”, 3
February 2017
ONLINE
6 Annex “Guidance to Member States: Suggested Actions on Better
Environment”, 3 February 2017 ONLINE
7 Commission Communication, Next steps for a sustainable European future;
European action for sustainability (COM(2016) 739 final, 22 November 2016) ONLINE
8 COM(2016) 316 final, Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and the ONLINE
60
Committee of the Regions, “Delivering the benefits of EU environmental
policies through a regular Environmental Implementation Review”, 27 May 2015
9
DECISION No 1386/2013/EU OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 20 November 2013 on a General Union Environment Action
Programme to 2020 ‘Living well, within the limits of our planet’
ONLINE
10
COM(2012) 95 final, Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and the
Committee of the Regions - Improving the delivery of benefits from EU
environment measures: building confidence through better knowledge and
responsiveness, 7 March 2012
ONLINE
11
COM(2011) 244 final , Communication from the Commission to the European
Parliament, the Council, the Economic and Social Committee and the
Committee of the Regions, “Our life insurance, our natural capital: an EU
biodiversity strategy to 2020”, 3 May 2011
ONLINE
12 Communication from the Commission on the Precautionary Principle, COM
(2000) 1 final, 2 February 2000 ONLINE
13
Council Directive 91/692/EEC of 23 December 1991 standardizing and
rationalizing reports on the implementation of certain Directives relating to the
environment
ONLINE
II. International Documents
14 Cartagena Protocol on Biosafety to the Convention on Biological Diversity,
2000 ONLINE
15 Rio Declaration on Environment and Development 1992 ONLINE
16 Convention on conservation of migratory species of wild animals (Bonn
Convention) ONLINE
17 Convention on the Conservation of European Wildlife and Natural Habitats,
1979 ONLINE
61
18 Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES), Washington, 1973 (with amendments) ONLINE
19 Convention on wetlands of international importance especially as waterfowl
habitat 1971 (Ramsar Convention) ONLINE
20 UN Convention on Biological Diversity ONLINE
III. EU Case law
1. General principles of European environmental law
21 C-269/13 Judgment of the Court (Sixth Chamber) 10 April 2014 P, Acino AG ONLINE
22 C-521/12 Judgment of the Court (Second Chamber) of 15 May 2014 T. C. Briels
and Others v Minister van Infrastructuur en Milieu ONLINE
23 C-343/09 Judgment of the Court (Fourth Chamber) of 8 July 2010, Afton
Chemical Limited v Secretary of State for Transport ONLINE
24 C-77/09 Judgment of the Court (Second Chamber) of 22 December 2010
Gowan Comércio Internacional e Serviços Lda v Ministero della Salute ONLINE
25 C-254/08 Judgment of the Court (Second Chamber) of 16 July 2009, Futura
Immobiliare srl Hotel Futura and Others v Comune di Casoria ONLINE
26 T-37/04 Judgment of the Court of First Instance (Third Chamber) of 1 July
2008, Região autónoma dos Açores v Council of the European Union ONLINE
27 C-188/07 Judgment of the Court (Grand Chamber) of 24 June 2008, Commune
de Mesquer v Total France SA and Total International Ltd. ONLINE
28 T-13/99 Judgment of the Court of First Instance (Third Chamber) of 11
September 2002, Pfizer Animal Health SA v Council of the European Union ONLINE
29 C-371/98 Judgment of the Court of 7 November 2000, The Queen v Secretary
of State for the Environment, First Corporate Shipping. ONLINE
30 C-180/96 Judgment of the Court of 5 May 1998, United Kingdom of Great
Britain and Northern Ireland v Commission of the European Communities ONLINE
62
31 C-341/95 Judgment of the Court of 14 July 1998, Gianni Bettati v Safety Hi-
Tech Srl. ONLINE
32 C-233/94 Judgment of the Court of 13 May 1997, Federal Republic of Germany
v European Parliament and Council of the European Union ONLINE
33 C-422/92 Judgment of the Court of 10 May 1995, Commission of the European
Communities v Federal Republic of Germany ONLINE
2. Origins and sources of European Environmental Law
34
C-439/05 P Judgment of the Court (Third Chamber) of 13 September 2007,
Land Oberösterreich and Republic of Austria v Commission of the European
Communities
ONLINE
35 C-176/03, Judgment of the Court (Grand Chamber) of 13 September 2005,
Commission of the European Communities v Council of the European Union ONLINE
36 C-6/03 Judgment of the Court (First Chamber) of 14 April 2005,
Deponiezweckverband Eiterköpfe v Land Rheinland-Pfalz ONLINE
37 C-270/03 Judgment of the Court (Third Chamber) of 9 June 2005, Commission
of the European Communities v Italian Republic ONLINE
38 C-337/89 Judgment of the Court of 25 November 1992, Commission of the
European Communities v United Kingdom ONLINE
39 C-240/83 Judgment of the Court of 7 February 1985, Procureur de la
République v Association de défense des brûleurs d'huiles usagées (ADBHU) ONLINE
40 C-92/79 Judgment of the Court of 18 March 1980, Commission of the
European Communities v Italian Republic ONLINE
3. The relationship between European and National Environmental Law
41
C-178/03 Judgment of the Court (Second Chamber) of 10 January 2006,
Commission of the European Communities v European Parliament and Council
of the European Union
ONLINE
42 C-338/01 Judgment of the Court (Sixth Chamber) of 29 April 2004, Commission ONLINE
63
of the European Communities v Council of the European Union
43 C-42/97 Judgment of the Court of 23 February 1999, European Parliament v
Council of the European Union ONLINE
44
C-203/96 Judgment of the Court (Sixth Chamber) of 25 June 1998, Chemische
Afvalstoffen Dusseldorp BV and Others v Minister van Volkshuisvesting,
Ruimtelijke Ordening en Milieubeheer
ONLINE
4. The European Commission as “Guardian of the treaties”: Infringement
procedures and cases
45 C-503/06 Judgment of the Court (Sixth Chamber) of 15 May 2008, Commission
of the European Communities v Italian Republic. ONLINE
46
C-98/04 Judgment of the Court (Second Chamber) of 4 May 2006, Commission
of the European Communities v United Kingdom of Great Britain and Northern
Ireland
ONLINE
47 C-304/02 Judgment of the Court (Grand Chamber) of 12 July 2005,
Commission of the European Communities v French Republic. ONLINE
48
C-117/03 Judgment of the Court (Second Chamber) of 13 January 2005,
Società Italiana Dragaggi SpA and Others v Ministero delle Infrastrutture e dei
Trasporti and Regione Autonoma Friuli Venezia Giulia.
ONLINE
49 C-435/99 Judgment of the Court (First Chamber) of 12 December 2000,
Commission of the European Communities v Portuguese Republic. ONLINE
50 C-387/97 Judgment of the Court of 4 July 2000, Commission of the European
Communities v Hellenic Republic ONLINE
51 C-392/96 Judgment of the Court (Fifth Chamber) of 21 September 1999,
Commission of the European Communities v Ireland ONLINE
52 C-186/98 Judgment of the Court (First Chamber) of 8 July 1999, Criminal
proceedings against Maria Amélia Nunes and Evangelina de Matos ONLINE
53 C-422/92 Judgment of the Court of 10 May 1995, Commission of the European ONLINE
64
Communities v Federal Republic of Germany
54 C-52/90 Judgment of the Court of 31 March 1992, Commission of the
European Communities v Kingdom of Denmark ONLINE
55 C-59/89 Judgment of the Court of 30 May 1991, Commission of the European
Communities v Federal Republic of Germany ONLINE
56 C-162/89 Judgment of the Court of 13 June 1990, Commission of the European
Communities v Kingdom of Belgium ONLINE
57 C-96/81 Judgment of the Court of 25 May 1982, Commission of the European
Communities v Kingdom of the Netherlands ONLINE
B. Biodiversity, Environmental Impact Assessment, Environmental
Liability
I. Nature and species protection
1. EU Documents
58
Communication from the Commission to the European Parliament, the
Council, the European Economic and Social Committee and the Committee of
the Regions, EU Biodiversity Strategy for 2030 – Bringing nature back into our
lives, COM(2020) 380 final, 20 May 2020
ONLINE
59
Commission Staff working Document of 16.12.2016 of the EU Nature
Legislation (Birds and Habitats Directives) Directive 2009/147/EC of the
European Parliament and of the Council of 30 November 2009 on the
conservation of wild birds and Council Directive 92/43/EEC of 21 May 1992 on
the conservation of natural habitats and of wild fauna and flora
ONLINE
60 Commission Implementing Regulation (EU) 2016/1141 of 13 July 2016
adopting a list of invasive alien species of Union concern pursuant to ONLINE
65
Regulation (EU) No 1143/2014 of the European Parliament and of the Council
61
Council Decision (EU) 2015/451 of 6 March 2015 concerning the accession of
the European Union to the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES)
ONLINE
62
Regulation (EU) No 1143/2014 of the European Parliament and of the Council
of 22 October 2014 on the prevention and management of the introduction
and spread of invasive alien species
ONLINE
63
Council Decision of 12 February 2013 on the conclusion on behalf of the
European Union of the Nagoya-Kuala Lumpur Supplementary Protocol on
Liability and Redress to the Cartagena Protocol on Biosafety (2013/86/EU)
ONLINE
64
Commission Implementing Regulation (EU) No 792/2012 of 23 August 2012
laying down rules for the design of permits, certificates and other documents
provided for in Council Regulation (EC) No 338/97 (consolidated version) on
the protection of species of wild fauna and flora by regulating the trade
therein and amending Regulation (EC) No 865/2006
ONLINE
65
Commission Regulation (EU) No 737/2010 of 10 August 2010 laying down
detailed rules for the implementation of Regulation (EC) No 1007/2009 of the
European Parliament and of the Council on trade in seal products
ONLINE
66
Regulation (EU) 995/2010 of the European Parliament and of the Council
laying down the obligations of operators who place timber and timber
products on the market
ONLINE
67
DIRECTIVE 2009/147/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 30 November 2009 on the conservation of wild birds (Birds
Directive)
ONLINE
68 Regulation (EC) No 1007/2009 (consolidated version) of the European
Parliament and of the Council of 16 September 2009 on trade in seal products ONLINE
69 Commission Regulation (EC) No 1024/2008 of 17 October 2008 laying down
detailed measures for the implementation of Council Regulation (EC) No ONLINE
66
2173/2005 (consolidated version) on the establishment of a FLEGT licensing
scheme for imports of timber into the European Community
70
Commission regulation (EC) No 865/2006 of 4 May 2006 laying down detailed
rules concerning the implementation of Council Regulation (EC) No 338/97 on
the protection of species of wild fauna and flora by regulating trade therein
ONLINE
71
Council Regulation (EC) No 2173/2005 of 20 December 2005 on the
establishment of a FLEGT licensing scheme for imports of timber into the
European Community
ONLINE
72
Recommendation of the European Parliament and of the Council of 4 April
2001 providing for minimum criteria for environmental inspections in the
Member States
ONLINE
73 Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild
animals in zoos ONLINE
74 COUNCIL REGULATION (EC) No 338/97 of 9 December 1996 on the protection
of species of wild fauna and flora by regulating trade therein ONLINE
75 COUNCIL DIRECTIVE 92/43/EEC of May 1992 on the conservation of natural
habitats and of wild fauna and flora (Habitats Directive) ONLINE
76
COUNCIL DECISION 82/72/EEC of 3 December 1981 concerning the
conclusion of the Convention on the conservation of European wildlife and
natural habitats (Bern Convention)
ONLINE
77 European Commission, Natura 2000; Nature and Biodiversity Newsletter
(includes Natura 2000 Barometer (published quarterly) ONLINE
78 Special Report More efforts needed to implement the Natura 2000 network to
its full potential, 2017 ONLINE
79 European Parliament resolution of 2 February 2016 on the mid-term review of
the EU’s Biodiversity Strategy (2015/2137(INI)) ONLINE
80 Institute for European Environmental Policy, The Health and Social Benefits of
Nature and Biodiversity Protection (final report, 28 April 2016) (funded by the ONLINE
67
European Commission, DG Environment (ENV.B.3/ETU/2014/0039))
81 The implementation of the Birds and Habitats Directives in estuaries and
coastal zones, European Commission, January 2011 ONLINE
82 Wind energy developments and Natura 2000, European Union 2011 ONLINE
83
The Economics of Ecosystems and Biodiversity: Mainstreaming the Economics
of Nature: A synthesis of the approach, conclusions and recommendations of
TEEB (2010)
ONLINE
84
European Commission guidance document on hunting under Council Directive
79/409/EEC on the conservation of wild birds “The Birds Directive”, December
2006
ONLINE
85 MANAGING NATURA 2000 SITES: The provisions of Article 6 of the ‘Habitats’
Directive 92/43/EEC ONLINE
86 Guidance document on Article 6(4) of the 'Habitats Directive' 92/43/EEC ONLINE
87 Guidance document on the strict protection of animal species of Community
interest under the Habitats Directive 92/43/EEC ONLINE
88 Natura 2000 and forests ‘Challenges and opportunities’, European
Communities 2003 ONLINE
89 Sustainable tourism and Natura 2000: Guidelines, initiatives and good
practices in Europe, European Communities 2001 ONLINE
90 Guidelines for the establishment of the Natura 2000 network in the marine
environment: Application of the Habitats and Birds Directives ONLINE
91 Appendix 1 : Marine Habitat types definitions. Update of “Interpretation
Manual of European Union Habitats” ONLINE
92 Appendix 2: Lists of existing marine Habitat types and Species for different
Member States ONLINE
93 Appendix 3: Examples of the technique of the use of matrix as a management
tool for decision-making. ONLINE
68
94
Appendix 4 I: Good experiences and examples of implementation of Natura
2000 in the marine environment including LIFE fund actions in the marine
environment
ONLINE
95 Appendix 4 II: LIFE and the marine environment: Promoting sustainable
management of Europe’s seas ONLINE
96 Appendix 5: Bibliography ONLINE
2. EU Case law
97 Case C-254/19, Judgment of the Court (First Chamber) of 9 September 2020,
Friends of the Irish Environment Ltd v An Bord Pleanála ONLINE
98 Case C-477/19, Judgment of the Court (Seventh Chamber) of 2 July 2020, IE v
Magistrat der Stadt Wien ONLINE
99 Case C-161/19, Judgment of the Court (First Chamber) of 23 April 2020,
European Commission v Republic of Austria ONLINE
100 Case C-217/19, Judgment of the Court (First Chamber) of 23 April 2020,
European Commission v Republic of Finland ONLINE
101 Case C-290/18, Judgment of the Court (Ninth Chamber) of 5 September 2019,
European Commission v Portuguese Republic ONLINE
102 Joined Cases C-293/17 and C-294/17 Judgment of the Court (Second
Chamber) of 7 November 2018 ONLINE
103 Case C-461/17 Judgment of the Court (Second Chamber) of 7 November 2018 ONLINE
104 Case C-97/17 Judgment of the Court (Second Chamber) of 26 April 2018,
European Commission v Republic of Bulgaria ONLINE
105 Case C-441/17 Judgment of the Court (Grand Chamber) of 17 April 2018,
European Commission v Republic of Poland ONLINE
106 Case C-323/17 Judgment of the Court (Seventh Chamber) of 12 April 2018,
People Over Wind and Peter Sweetman v Coillte Teoranta ONLINE
107 C-281/16 Judgement of the Court (Fourth Chamber) of 19 October 2017, ONLINE
69
Hoekschewaards Landschap v Staatssecretaris van Economische Zaken
108 C- 142/16 Judgment of the Court (Second Chamber) of 26 April 2017
European Commission v Federal Republic of Germany ONLINE
109 C-315/16 Judgment of the Court (Tenth Chamber) of 30 March 2017, József
Lingurár v Miniszterelnökséget vezető miniszter ONLINE
110 C-461/14 Judgment of the Court (Fifth Chamber) of 24 November 2016,
European Commission v Kingdom of Spain ONLINE
111 C-504/14 Judgment of the Court (Fourth Chamber) of 10 November 2016,
European Commission v Hellenic Republic ONLINE
112 C-243/15 Judgment of the Court (Grand Chamber) of 8 November 2016,
Lesoochranárske zoskupenie VLK v Obvodný úrad Trenčín ONLINE
113 Joined Cases C-387/15 and C-388/15 Judgment of the Court (Seventh
Chamber) of 21 July 2016, Hilde Orleans and Others v Vlaams Gewest ONLINE
114 C-141/14 Judgment of the Court (Third Chamber) of 14 January 2016.
European Commission v Republic of Bulgaria ONLINE
115 C-399/14 Judgment of the Court (Third Chamber) of 14 January 2016. Grüne
Liga Sachsen eV and Others v Freistaat Sachsen ONLINE
116
Case C-301/12 Judgment of the Court (Second Chamber) of 3 April 2014,
Cascina Tre Pini Ss v Ministero dell’Ambiente e della Tutela del Territorio e del
Mare and Others.
ONLINE
117 Case C-521/12 Judgment of the Court (Second Chamber) of 15 May 2014. T.
C. Briels and Others v Minister van Infrastructuur en Milieu ONLINE
118
C-258/11 Judgment of the Court (Third Chamber) of 11 April 2013. Peter
Sweetman and Others v An Bord Pleanála. Reference for a preliminary ruling:
Supreme Court - Ireland.
ONLINE
119 C-43/10 Judgment of the Court (Grand Chamber) of 11 September 2012.
Nomarchiaki Aftodioikisi Aitoloakarnanias and Others v Ypourgos ONLINE
70
Perivallontos, Chorotaxias kai Dimosion ergon and Others.
120 C-340/10 Judgment of the Court (Fourth Chamber) of 15 March 2012,
European Commission v Republic of Cyprus. ONLINE
121 C-182/10 Judgment of the Court (Fourth Chamber) of 16 February 2012,
Marie-Noëlle Solvay and Others v Région wallonne. ONLINE
122 C-404/09 Judgment of the Court (Fourth Chamber) of 24 November 2011,
European Commission v Kingdom of Spain. ONLINE
123 C-383/09 Judgment of the Court (Fourth Chamber) of 9 June 2011, European
Commission v French Republic. ONLINE
124 C-308/08 Judgment of the Court (Fourth Chamber) of 20 May 2010, European
Commission v Kingdom of Spain. ONLINE
125 C-241/08 Judgment of the Court (Second Chamber) of 4 March 2010,
European Commission v French Republic. ONLINE
126 C-226/08 Judgment of the Court (Second Chamber) of 14 January 2010, Stadt
Papenburg v Bundesrepublik Deutschland. ONLINE
127 C-418/04 Judgment of the Court (Second Chamber) of 13 December 2007,
Commission of the European Communities v Ireland. ONLINE
128 C-179/06 Judgment of the Court (Fourth Chamber) of 4 October 2007,
Commission of the European Communities v Italian Republic. ONLINE
129 C-304/05 Judgment of the Court (Fourth Chamber) of 20 September 2007,
Commission of the European Communities v Italian Republic. ONLINE
130 C-235/04 Judgment of the Court (Second Chamber) of 28 June 2007,
Commission of the European Communities v Kingdom of Spain ONLINE
131 C-342/05 Judgment of the Court (Second Chamber) of 14 June 2007,
Commission of the European Communities v Republic of Finland. ONLINE
132 C-508/04 Judgment of the Court (Fourth Chamber) of 10 May 2007,
Commission of the European Communities v Republic of Austria. ONLINE
71
133 C-183/05 Judgment of the Court (Second Chamber) of 11 January 2007,
Commission of the European Communities v Ireland. ONLINE
134
C-418/05 P Order of the Court (Sixth Chamber) of 7 November 2006, Centro
Provincial de Jóvenes Agricultores de Jaén (ASAJA) and Others v Council of
the European Union.
ONLINE
135 C-239/04 Judgment of the Court (Second Chamber) of 26 October 2006,
Commission of the European Communities v Portuguese Republic. ONLINE
136 C-244/05 Judgment of the Court (Second Chamber) of 14 September 2006,
Bund Naturschutz in Bayern eV and Others v Freistaat Bayern. ONLINE
137 C-191/05 Judgment of the Court (Second Chamber) of 13 July 2006,
Commission of the European Communities v Portuguese Republic. ONLINE
138 C-221/04 Judgment of the Court (Second Chamber) of 18 May 2006,
Commission of the European Communities v Kingdom of Spain. ONLINE
139 C-209/04 Judgment of the Court (Second Chamber) of 23 March 2006,
Commission of the European Communities v Republic of Austria. ONLINE
140 C-518/04 Judgment of the Court (Fifth Chamber) of 16 March 2006,
Commission of the European Communities v Hellenic Republic. ONLINE
141 C-98/03 Judgment of the Court (Second Chamber) of 10 January 2006,
Commission of the European Communities v Federal Republic of Germany. ONLINE
142
C-6/04 Judgment of the Court (Second Chamber) of 20 October 2005,
Commission of the European Communities v United Kingdom of Great Britain
and Northern Ireland.
ONLINE
143 C-441/03 Judgment of the Court (Second Chamber) of 14 April 2005,
Commission of the European Communities v Kingdom of the Netherlands. ONLINE
144
C-117/03 Judgment of the Court (Second Chamber) of 13 January 2005,
Società Italiana Dragaggi SpA and Others v Ministero delle Infrastrutture e dei
Trasporti and Regione Autonoma Friuli Venezia Giulia.
ONLINE
72
145
C-127/02 Judgment of the Court (Grand Chamber) of 7 September 2004,
Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse
Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw,
Natuurbeheer en Visserij.
ONLINE
146 C-407/03 Judgment of 15 July 2004, Commission v Finland. ONLINE
147 C-143/02 Judgment of the Court (Third Chamber) of 20 March 2003,
Commission of the European Communities v Italian Republic. ONLINE
148 C-75/01 Judgment of the Court (Sixth Chamber) of 13 February 2003,
Commission of the European Communities v Grand Duchy of Luxemburg. ONLINE
149 C-103/00 Judgment of the Court (Sixth Chamber) of 30 January 2002,
Commission of the European Communities v Hellenic Republic. ONLINE
150 C-374/98 Judgment of the Court (Sixth Chamber) of 7 December 2000,
Commission of the European Communities v French Republic. ONLINE
151
C-371/98 Judgment of the Court of 7 November 2000, The Queen v Secretary
of State for the Environment, Transport and the Regions, ex parte First
Corporate Shipping Ltd, interveners: World Wide Fund for Nature UK (WWF)
and Avon Wildlife Trust.
ONLINE
152 C-256/98 Judgment of the Court (Fifth Chamber) of 6 April 2000, Commission
of the European Communities v French Republic. ONLINE
153 C-3/96 Judgment of the Court of 19 May 1998, Commission of the European
Communities v Kingdom of the Netherlands. ONLINE
154 C-44/95 Judgment of the Court of 11 July 1996, Regina v Secretary of State
for the Environment, ex parte: Royal Society for the Protection of Birds. ONLINE
155 C-355/90 Judgment of the Court of 2 August 1993, Commission of
theEuropean Communities v Kingdom of Spain. ONLINE
73
II. Environmental Impact Assessment (EIA)
1. EU Documents
156 Environmental Impact Assessment of Projects – Guidance on Screening, 2017 ONLINE
157 Environmental Impact Assessment of Projects – Guidance on Scoping, 2017 ONLINE
158 Environmental Impact Assessment of Projects – Guidance on the preparation,
2017 ONLINE
159 Environmental Assessment of Plans, Programmes and Projects – Rulings of the
Court of Justice of the European Union, 2017 ONLINE
160 Environmental Assessment of Projects and Plans and Programmes, Rulings of
the Court of Justice of the European Union, 10 October 2017 ONLINE
161
Evaluation of Directive 2001/42/EC on the assessment of the effects of certain
plans and programmes on the environment (the Strategic Environmental
Assessment – SEA - Directive), Roadmap, 11 July 2017
ONLINE
162
COM(2017) 234, Report from the Commission to the Council and the
European Parliament under Article 12(3) of Directive 2001/42/EC on the
assessment of the effects of certain plans and programmes on the
environment, 15 May 2017
ONLINE
163
C/2016/4701, Commission notice — Commission guidance document on
streamlining environmental assessments conducted under Article 2(3) of the
Environmental Impact Assessment Directive (Directive 2011/92/EU of the
European Parliament and of the Council, as amended by Directive
2014/52/EU), 27 July 2016
ONLINE
164
DIRECTIVE 2014/52/EU OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 16 April 2014 amending Directive 2011/92/EU on the assessment
of the effects of certain public and private projects on the environment
ONLINE
165 DIRECTIVE 2011/92/EU OF THE EUROPEAN PARLIAMENT AND OF THE ONLINE
74
COUNCIL of 13 December 2011 on the assessment of the effects of certain
public and private projects on the environment
166
DIRECTIVE 2001/42/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 27 June 2001 on the assessment of the effects of certain plans
and programmes on the environment (SEA Directive)
ONLINE
167 Convention on Environmental Impact Assessment in a Transboundary Context
(ESPOO Convention), Finland 1991 (amended 27 February 2001) ONLINE
2. EU Case law
168
Case C-24/19, Judgment of the Court (Grand Chamber) of 25 June 2020, A
and Others v Gewestelijke stedenbouwkundige ambtenaar van het
departement Ruimte Vlaanderen, afdeling Oost-Vlaanderen
ONLINE
169 Case C-321/18, Judgment of the Court (First Chamber) of 12 June 2019, Terre
wallonne ASBL v Région wallonne ONLINE
170
Case C-411/17, Judgment of the Court (Grand Chamber) of 29 July 2019,
Inter-Environnement Wallonie ASBL and Bond Beter Leefmilieu Vlaanderen
ASBL v Conseil des ministres
ONLINE
171 Case C-160/17, Judgment of the Court (Second Chamber) of 7 June 2018
Raoul Thybaut and Others v Région wallonne ONLINE
172
Case C-671/16, Judgment of the Court (Second Chamber) of 7 June 2018
Inter-Environnement Bruxelles ASBL and Others v Région de Bruxelles-
Capitale
ONLINE
173 Case C-97/17, Judgment of the Court (Second Chamber) of 26 April 2018,
European Commission v Republic of Bulgaria ONLINE
174 Case C-441/17, Judgment of the Court (Grand Chamber) of 17 April 2018,
European Commission v Republic of Poland ONLINE
175 Case C-323/17, Judgment of the Court (Seventh Chamber) of 12 April 2018,
People Over Wind and Peter Sweetman v Coillte Teoranta ONLINE
75
176
Case C-470/16 Judgment of the Court (First Chamber) of 15 March 2018,
North East Pylon Pressure Campaign Limited and Maura Sheehy v An Bord
Pleanála and Others
ONLINE
177 Case C-117/17, Judgment of the Court (Sixth Chamber) of 28 February 2018,
Comune di Castelbellino v Regione Marche and Others ONLINE
178
Joined Cases C-196/16 and C-197/16, Judgment of the Court (First Chamber)
of 26 July 2017, Comune di Corridonia and Others v Provincia di Macerata
and Provincia di Macerata Settore 10 – Ambiente
ONLINE
179 Case C-529/15 Judgment of the Court (First Chamber) of 1 June 2017
Proceedings brought by Gert Folk ONLINE
180 C-444/15 Judgment of the Court (Third Chamber) of 21 December 2016,
Associazione Italia Nostra Onlus v Comune di Venezia and Others ONLINE
181 Case C-645/15 Judgment of the Court (Sixth Chamber) of 24 November 2016
Bund Naturschutz in Bayern e.V. and Harald Wilde v Freistaat Bayern ONLINE
182 Case C-461/14 Judgment of the Court (Fifth Chamber) of 24 November 2016
European Commission v Kingdom of Spain ONLINE
183
Case C-442/14 Judgment of the Court (Fifth Chamber) of 23 November 2016
Bayer CropScience SA-NV and Stichting De Bijenstichting v College voor de
toelating van gewasbeschermingsmiddelen en biociden
ONLINE
184 C-348/15 Judgment of the Court (First Chamber) of 17 November 2016 Stadt
Wiener Neustadt v Niederösterreichische Landesregierung ONLINE
185 Case C-290/15 Judgment of the Court (Second Chamber) of 27 October 2016
Patrice D'Oultremont and Others v Région wallonne ONLINE
186
Case C-379/15 Judgment of the Court (First Chamber) of 28 July 2016
Association France Nature Environnement v Premier ministre and Ministre de
l’Écologie, du Développement durable et de lʼÉnergie
ONLINE
187 Case C-141/14 Judgment of the Court (Third Chamber) of 14 January 2016
European Commission v Republic of Bulgaria ONLINE
76
188 Case C-137/14 Judgment of the Court (Second Chamber) of 15 October 2015
European Commission v Federal Republic of Germany ONLINE
189 Case C-473/14 Judgment of the Court (Ninth Chamber) of 10 September 2015
Dimos Kropias Attikis v Ypourgos Perivallontos, Energeias kai Klimatikis Allagis ONLINE
190 Case C-570/13 Judgment of the Court (Fifth Chamber) of 16 April 2015
Karoline Gruber v Unabhängiger Verwaltungssenat für Kärnten and Others ONLINE
191
Case C-531/13 Judgment of the Court (Second Chamber) of 11 February 2015
Marktgemeinde Straßwalchen and Others v Bundesminister für Wirtschaft,
Familie und Jugend
ONLINE
192 Case C‑244/12 Judgment of the Court (Fifth Chamber), 21 March 2013
Salzburger Flughafen GmbH v Umweltsenat ONLINE
193 Case C‑420/11 Judgment of the Court (Fourth Chamber), 14 March 2013 Jutta
Leth v Republik Österreich, Land Niederösterreich ONLINE
194 C-416/10 Judgment of the Court (Grand Chamber) of 15 January 2013, Jozef
Križan and Others v Slovenská inšpekcia životného prostredia. ONLINE
195 C-295/10 Genovaitė Valčiukienė v Pakruojo rajono savivaldybė [2012] ONLINE
196 C-567/10 Inter-Environnement Bruxelles ASBL v Région de Bruxelles-Capitale
[2012] ONLINE
197 C-105/09 and C-110/09 Terre wallonne ASBL v Région wallonne [2010] ONLINE
198
C-128/09 Judgment of the Court (Grand Chamber) of 18 October 2011,
Antoine Boxus and Willy Roua (C-128/09), Guido Durlet and Others (C-
129/09), Paul Fastrez and Henriette Fastrez (C-130/09), Philippe Daras (C-
131/09), Association des riverains et habitants des communes proches de
l’aéroport BSCA (Brussels South Charleroi Airport) (ARACh) (C-134/09 and C-
135/09), Bernard Page (C-134/09) and Léon L’Hoir and Nadine Dartois (C-
135/09) v Région wallonne.
ONLINE
199 C-75/08 Judgment of the Court (Second Chamber) of 30 April 2009, The
Queen, on the application of Christopher Mellor v Secretary of State for ONLINE
77
Communities and Local Government.
200 C-142/07 Judgment of the Court (Third Chamber) of 25 July 2008, Ecologistas
en Acción-CODA v Ayuntamiento de Madrid. ONLINE
201 C-156/07 Order of the Court (Sixth Chamber) of 10 July 2008, Salvatore Aiello
and Others v Regione Lombardia and Others ONLINE
202 C-215/06 Judgment of the Court (Second Chamber) of 3 July 2008,
Commission of the European Communities v Ireland. ONLINE
203
C-508/03 Judgment of the Court (First Chamber) of 4 May 2006, Commission
of the European Communities v United Kingdom of Great Britain and
Northern Ireland.
ONLINE
204 C-290/03 Judgment of the Court (First Chamber) of 4 May 2006, The Queen,
on the application of: Diane Barker v London Borough of Bromley. ONLINE
205 C-227/01 Judgment of the Court (Second Chamber) of 16 September 2004,
Commission of the European Communities v Kingdom of Spain. ONLINE
206 C-87/02 Judgment of the Court (First Chamber) of 10 June 2004, Commission
of the European Communities v Italian Republic. ONLINE
207
C-201/02 Judgment of the Court (Fifth Chamber) of 7 January 2004, The
Queen, on the application of Delena Wells v Secretary of State for Transport,
Local Government and the Regions.
ONLINE
208 C-230/00 Judgment of the Court (Third Chamber) of 14 June 2001,
Commission of the European Communities v Kingdom of Belgium ONLINE
209 C-392/96 Judgment of the Court (Fifth Chamber) of 21 September 1999,
Commission of the European Communities v Ireland. ONLINE
210 C-435/97 Judgment of the Court (Sixth Chamber) of 16 September 1999,
World Wildlife Fund (WWF) and Others v Autonome Provinz Bozen and Others ONLINE
211 C-301/95 Judgment of the Court (Sixth Chamber) of 22 October 1998,
Commission of the European Communities v Federal Republic of Germany. ONLINE
78
212 C-72/95 Judgment of the Court of 24 October 1996, Aannemersbedrijf P.K.
Kraaijeveld BV e.a. v Gedeputeerde Staten van Zuid-Holland ONLINE
213 C-133/94 Judgment of the Court (Sixth Chamber) of 2 May 1996, Commission
of the European Communities v Kingdom of Belgium ONLINE
214 C-431/92 Judgment of the Court of 11 August 1995, Commission of the
European Communities v Federal Republic of Germany ONLINE
215 C-186/91 Judgment of the Court of 10 March 1993, Commission of the
European Communities v Kingdom of Belgium. ONLINE
216 C-360/87 Judgment of the Court of 28 February 1991, Commission of the
European Communities v Italian Republic ONLINE
217 C-96/81 Judgment of the Court of 25 May 1982, Commission of the European
Communities v Kingdom of the Netherlands ONLINE
III. Environmental Liability
1. EU Documents
218
European Parliament resolution of 26 October 2017 on the application of
Directive 2004/35/EC of the European Parliament and of the Council of 21
April 2004 on environmental liability with regard to the prevention and
remedying of environmental damage (the ‘ELD’) (2016/2251(INI))
ONLINE
219
MULTI-ANNUAL ELD WORK PROGRAMME (MAWP) FOR THE PERIOD 2017-
2020 "MAKING THE ENVIRONMENTAL LIABILITY DIRECTIVE MORE FIT FOR
PURPOSE"
ONLINE
220
Report from the Commission to the Council and the European Parliament
under Article 18(2) of Directive 2004/35/EC on environmental liability with
regard to the prevention and remedying of environmental damage
(COM(2016) 204 final)
ONLINE
221 Commission Staff Working Document REFIT Evaluation of the Environmental
Liability Directive Accompanying the document Report from the Commission ONLINE
79
to the European Parliament and to the Council pursuant to Article 18(2) of
Directive 2004/35/EC on environmental liability with regard to the prevention
and remedying of environmental damage (SWD(2016) 121 final)
222 Study to assess the benefits delivered through the enforcement of EU
environmental legislation, Final report, September 2016 ONLINE
223
DIRECTIVE 2013/30/EU OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 12 June 2013 on safety of offshore oil and gas operations and
amending Directive 2004/35/EC
ONLINE
224
Final Report: Implementation challenges and obstacles of the Environmental
Liability Directive (ELD), European Commission - DG Environment, 16 May
2013
ONLINE
225 Environmental Liability Directive - Protecting Europe’s Natural Resources,
Brochure, European Commission 2013 ONLINE
226
Directive 2012/18/EU of the European Parliament and of the Council of 4 July
2012 on the control of major-accident hazards involving dangerous
substances, amending and subsequently repealing Council Directive 96/82/EC
ONLINE
227
Regulation (EU) No 528/2012 of the European Parliament and of the Council
of 22 May 2012 concerning the making available on the market and use of
biocidal products
ONLINE
228
COM(2010) 581 final, Report from the Commission to the Council, the
European Parliament, The European Economic and Social Committee, and the
Committee of the Regions under Article 14(2) of Directive 2004/35/CE on the
environmental liability with regard to the prevention and remedying of
environmental damage, 12 October 2010
ONLINE
229
DIRECTIVE 2009/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 23 April 2009 on the geological storage of carbon dioxide and
amending Council Directive 85/337/EEC, European Parliament and Council
Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and
ONLINE
80
Regulation (EC) No 1013/2006
230 Directive 2008/99/EC of the European Parliament and of the Council of 19
November 2008 on the protection of the environment through criminal law ONLINE
231
DIRECTIVE 2004/35/CE OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 21 April 2004 on environmental liability with regard to the
prevention and remedying of environmental damage (Environmental Liability
Directive)
ONLINE
2. EU Case law
232
Case C-297/19, Judgment of the Court (First Chamber) of 9 July 2020,
Naturschutzbund Deutschland — Landesverband Schleswig-Holstein eV v Kreis
Nordfriesland
ONLINE
233
Case C-129/16, Judgment of the Court (Second Chamber) of 13 July 2017,
Túrkevei Tejtermelő Kft. v Országos Környezetvédelmi és Természetvédelmi
Főfelügyelőség
ONLINE
234
C-534/13 JUDGMENT OF THE COURT (Third Chamber) of 4 March 2015.
Ministero dell’Ambiente e della Tutela del Territorio e del Mare v Fipa Group
Srl.
ONLINE
235
C-379/08,Judgment of the Court (Grand Chamber) of 9 March 2010, Raffinerie
Mediterranee (ERG) SpA, Polimeri Europa SpA and Syndial SpA v Ministero
dello Sviluppo economico and Others
ONLINE
236
Joined cases C-379/08 and C-380/08, Judgment of the Court (Grand Chamber)
of 9 March 2010, Raffinerie Mediterranee (ERG) SpA, Polimeri Europa SpA and
Syndial SpA v Ministero dello Sviluppo economico and Others (C-379/08) and
ENI SpA v Ministero Ambiente e Tutela del Territorio e del Mare and Others
(C-380/08)
ONLINE
81
C. Air Quality Directive and Procedural Rights, Industrial Emissions and
Accidents
I. The Air Quality Directive
1. EU Documents
237
Commission Staff Working Document, Fitness Check of the Ambient Air
Quality Directives, Directive 2004/107/EC relating to arsenic, cadmium,
mercury, nickel and polycyclic aromatic hydrocarbons in ambient air and
Directive 2008/50 on ambient air quality and cleaner air for Europe,
SWD(2019) 427 final, 28.11.2019
ONLINE
238
COM(2018) 446 final, Report from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and
the Committee of the Regions – The First Clean Air Outlook, 7 June 2018
ONLINE
239
COM(2018) 330 final, Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and
the Committee of the Regions – A Europe that protects: Clean Air for all, 17
May 2018
ONLINE
240 Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May
2017 on mercury ONLINE
241
Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012
on the control of major-accident hazards involving dangerous substances, amending
and subsequently repealing Council Directive 96/82/EC
ONLINE
242
Council Decision (EU) 2017/1757 of 17 July 2017 on the acceptance on behalf
of the European Union of an Amendment to the 1999 Protocol to the 1979
Convention on Long-Range Transboundary Air Pollution to Abate
Acidification, Eutrophication and Ground-Level Ozone
ONLINE
243
Directive (EU) 2016/2284 of the European Parliament and of the Council of
14 December 2016 on the reduction of national emissions of certain
atmospheric pollutants, amending Directive 2003/35/EC and repealing
ONLINE
82
Directive 2001/81/EC (National Emissions Ceilings (NEC))
244
Directive (EU) 2016/802 of the European Parliament and of the Council of 11
May 2016 relating to a reduction in the sulphur content of certain liquid
fuels
ONLINE
245
Directive (EU) 2015/2193 of the European Parliament and of the Council of
25 November 2015 on the limitation of emissions of certain pollutants into
the air from medium combustion plants
ONLINE
246
COM(2013) 918 final, Communication from the Commission to the European
Parliament, the Council, the Economic and Social Committee and the
Committee of the Regions, A Clean Air Programme for Europe, 18 December
2013
ONLINE
247
Commission Implementing Decision (2011/850/EU) of 12 December 2011
laying down rules for Directives 2004/107/EC and 2008/50/EC of the
European Parliament and of the Council as regards the reciprocal exchange
of information and reporting on ambient air quality (notified under
document C(2011) 9068)
ONLINE
248
Directive 2010/75/EU of the European Parliament and of the Council of 24
November 2010 on industrial emissions (integrated pollution prevention
and control)
ONLINE
249
European Parliament and Council Directive 2009/126/EC (consolidated
version) of 21 October 2009 on Stage II petrol vapour recovery during
refuelling of motor vehicles at service stations
ONLINE
250
Directive 2008/50/EC (consolidated version) of the European Parliament and
of the Council of 21 May 2008 on ambient air quality and cleaner air for
Europe (Air Quality Directive)
ONLINE
251
Directive 2004/107/EC of the European Parliament and of the Council of 15
December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic
aromatic hydrocarbons in ambient air
ONLINE
83
252
Directive 2004/42/CE of the European Parliament and of the Council of 21
April 2004 on the limitation of emissions of volatile organic compounds due
to the use of organic solvents in certain paints and varnishes and vehicle
refinishing products and amending Directives 1999/13/EC
ONLINE
253 Directive 2001/81/EC of the European Parliament and of the Council of 23
October 2001 on national emission ceilings for certain atmospheric pollutants ONLINE
254
European Parliament and Council Directive 94/63/EC (consolidated version) of
20 December 1994 on the control of volatile organic compound (VOC)
emissions resulting from the storage of petrol and its distribution from
terminals to service stations
ONLINE
255
Commission Implementing Decision (EU) 2015/2119 of 20 November 2015
establishing best available techniques (BAT) conclusions, under Directive
2010/75/EU of the European Parliament and of the Council, for the
production of wood-based panels (notified under document C(2015) 8062)
ONLINE
256
Commission Implementing Decision 2014/738/EU of 9 October 2014
establishing best available techniques (BAT) conclusions, under Directive
2010/75/EU of the European Parliament and of the Council on industrial
emissions, for the refining of mineral oil and gas (notified under document
C(2014) 7155)
ONLINE
257
Commission Implementing Decision 2014/687/EU of 26 September 2014
establishing the best available techniques (BAT) conclusions, under Directive
2010/75/EU of the European Parliament and of the Council, for the
production of pulp, paper and board (notified under document C(2014)
6750)
ONLINE
258
Commission Implementing Decision 2013/84/EU of 11 February 2013
establishing the best available techniques (BAT) conclusions under Directive
2010/75/EU of the European Parliament and of the Council on industrial
emissions for the tanning of hides and skins (notified under document
C(2013) 618)
ONLINE
84
259
Commission Implementing Decision 2012/119/EU of 10 February 2012 laying
down rules concerning guidance on the collection of data and on the
drawing up of BAT reference documents and on their quality assurance
referred to in Directive 2010/75/EU of the European Parliament and of the
Council on industrial emissions (notified under document C(2012) 613)
ONLINE
260
Commission Implementing Decision 2012/135/EU of 28 February 2012
establishing the best available techniques (BAT) conclusions under Directive
2010/75/EU of the European Parliament and of the Council on industrial
emissions for iron and steel production (notified under document C(2012)
903)
ONLINE
261
COMMISSION IMPLEMENTING DECISION 2012/134/EU of 28 February 2012
establishing the best available techniques (BAT) conclusions under Directive
2010/75/EU of the European Parliament and of the Council on industrial
emissions for the manufacture of glass
ONLINE
262
Commission Implementing Decision 2012/795/EU of 12 December 2012
establishing the type, format and frequency of information to be made
available by the Member States for the purposes of reporting on the
implementation of Directive 2010/75/EU of the European Parliament and of
the Council on industrial emissions (notified under document C(2012) 9181)
ONLINE
263 Application of IED Article 15(4) derogations, Final Report, European
Commission Directorate-General Environment, March 2018 ONLINE
2. EU Case Law
264 Case C-638/18, Judgment of the Court of 30 April 2020, Commission v
Romania (Dépassement des valeurs limites pour les PM10) ONLINE
265
Case C-723/17, Judgment of the Court (First Chamber) of 26 June 2019, Lies
Craeynest and Others v Brussels Hoofdstedelijk Gewest and Brussels Instituut
voor Milieubeheer
ONLINE
266 Case C-336/16, Judgment of the Court (Third Chamber) of 22 February 2018, ONLINE
85
European Commission v Republic of Poland
267
Case C-129/16, Judgment of the Court (Second Chamber) of 13 July 2017,
Túrkevei Tejtermelő Kft. v Országos Környezetvédelmi és Természetvédelmi
Főfelügyelőség
ONLINE
268 Case C-488/15, Judgment of the Court (Third Chamber) of 5 April 2017,
European Commission v Republic of Bulgaria ONLINE
269 Case C-290/15, Judgment of the Court (Second Chamber) of 27 October
2016, Patrice D'Oultremont and Others v Région wallonne ONLINE
270
Case C-304/15, Judgment of the Court (Seventh Chamber) of 21 September
2016, European Commission v United Kingdom of Great Britain and Northern
Ireland
ONLINE
271 Case C-137/14, Judgment of the Court (Second Chamber) of 15 October
2015, European Commission v Federal Republic of Germany ONLINE
272 Case E-7/15, Judgement of the EFTA Court delivered in open court on 2
October 2015, EFTA Surveillance Authority v The Kingdom of Norway ONLINE
273
Case N° 369428, Judgement of the Council of State (Conseil d’État) of France,
6th / 1st United Subsection (Sous-Sections réunies (SSR)) of 10 June 2015
(available only in French)
ONLINE
274
C-404/13, Judgment of the Court (Second Chamber) of 19 November 2014,
The Queen, on the application of ClientEarth v Secretary of State for the
Environment, Food and Rural Affairs.
ONLINE
275
Judgement of the Supreme Federal Administrative Court of Germany
(Bundesverwaltungsgericht) of 5 September 2013 in Case [2013] C 21.12,
“Darmstadt/Germany” case (available only in German)
ONLINE
276 C-420/11, Judgment of the Court (Fourth Chamber) of 14 March 2013, Jutta
Leth v Republik Österreich and Land Niederösterreich ONLINE
277 C-68/11, Judgment of the Court (First Chamber) of 19 December 2012,
European Commission v Italian Republic ONLINE
86
278 C-34/11, Judgment of the Court (First Chamber) of 15 November 2012.
European Commission v Portuguese Republic ONLINE
279
C-120/10, Judgment of the Court (First Chamber) of 8 September 2011,
European Air Transport SA v Collège d'Environnement de la Région de
Bruxelles-Capitale and Région de Bruxelles-Capitale, Reference for a
preliminary ruling: Conseil d'État - Belgium
ONLINE
280
C-240/09, Judgment of the Court (Grand Chamber) of 8 March 2011,
Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia
Slovenskej republiky
ONLINE
281
Joined cases C-165/09 to C-167/09, Judgment of the Court (First Chamber)
of 26 May 2011, Stichting Natuur en Milieu and Others v College van
Gedeputeerde Staten van Groningen (C-165/09) and College van
Gedeputeerde Staten van Zuid-Holland (C-166/09 and C-167/09)
ONLINE
282
C-115/09, Judgment of the Court (Fourth Chamber) of 12 May 2011, Bund
für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein-
Westfalen eV v Bezirksregierung Arnsberg
ONLINE
283 C-28/09, Judgment of the Court (Grand Chamber) of 21 December 2011,
European Commission v Republic of Austria ONLINE
284
C-263/08, Judgment of the Court (Second Chamber) of 15 October 2009,
Djurgården-Lilla Värtans Miljöskyddsförening v Stockholms kommun genom
dess marknämnd
ONLINE
285 C-237/07, Judgment of the Court (Second Chamber) of 25 July 2008, Dieter
Janecek v Freistaat Bayern. ONLINE
286 C-138/06, Judgment of the Court (Fifth Chamber) of 14 December 2006,
Commission of the European Communities v United Kingdom ONLINE
287 C-78/06, Judgment of the Court (Fifth Chamber) of 7 December 2006 –
Commission v Luxembourg (French) ONLINE
288 C-320/03, Judgment of the Court (Grand Chamber) of 15 November 2005, ONLINE
87
Commission of the European Communities v Republic of Austria
289 C-361/88, Judgment of the Court of 30 May 1991, Commission of the
European Communities v Federal Republic of Germany ONLINE
290 C- 6/64, Judgment of the Court of 15 July 1964, Flaminio Costa v E.N.E.L. ONLINE
291 C-25/62, Judgment of the Court of 15 July 1963, Plaumann & Co. v
Commission of the European Economic Community ONLINE
II. Procedural Rights in environmental matters
1. EU Documents
292 European Commission, Citizen’s Guide to Access to Justice in Environmental
Matters, 28 September 2018 ONLINE
293
COM(2018) 10 final, Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and
the Committee of the Regions, “EU actions to improve environmental
compliance and governance”, 18 January 2018
ONLINE
294 Briefing, European Parliament, Implementing the Aarhus Convention – Access
to justice in environmental matters, October 2017 ONLINE
295 C(2017) 2616 final, Communication from the Commission of 28 April 2017 -
Commission Notice on Access to Justice in Environmental Matters ONLINE
296
Peters, R.L., Snethlage, M., Van Gossum, H., Vancauwenberghe,
G., Vandenbroucke, Veronika Mikos, Amor Torre-Marín, D., Vertriest, L., &
Lammerant, J.,”Active dissemination of environmental information in relation
to the Birds and Habitats Directive: Final Report”, September 2014
ONLINE
297
Standing up for your right(s) in Europe, A Comparative study on Legal
Standing (Locus Standi) before the EU and Member States’ Courts, Study of
the Policy Department C, 2012
ONLINE
298 REGULATION (EC) No 1367/2006 OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL of 6 September 2006 on the application of the provisions of ONLINE
88
the Aarhus Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters to
Community institutions and bodies
299
DIRECTIVE 2003/4/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 28 January 2003 on public access to environmental information
and repealing Council Directive 90/313/EEC
ONLINE
300
DIRECTIVE 2003/35/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 26 May 2003 providing for public participation in respect of the
drawing up of certain plans and programmes relating to the environment
and amending with regard to public participation and access to justice
Council Directives 85/337/EEC and 96/61/EC
ONLINE
301
REGULATION (EC) No 1049/2001 OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL of 30 May 2001 regarding public access to European
Parliament, Council and Commission documents
ONLINE
302
Recommendation 2001/331/EC of the European Parliament and of the
Council of 4 April 2001 providing for minimum criteria for environmental
inspections in the Member States
ONLINE
2. International documents
303 Aarhus Convention: An implementation guide, United Nations Economic
Commission for Europe, 2014 ONLINE
304
Convention on Access to Information, Public Participation in Decision-Making
and Access to Justice in Environmental Matters (Aarhus Convention), 25 June
1998
ONLINE
3. EU Case Law
305 Case C-535/18, Judgment of the Court (First Chamber) of 28 May 2020, IL
and Others v Land Nordrhein-Westfalen ONLINE
306 Judgement of 15 March 2018, C-470/16 North East Pylon Pressure
Campaign Limited and Maura Sheehy v An Bord Pleanála and Others ONLINE
89
307
Case C-664/15, Judgment of the Court (Second Chamber) of 20 December
2017, Protect Natur-, Arten- und Landschaftsschutz Umweltorganisation v
Bezirkshauptmannschaft Gmünd
ONLINE
308 Judgement of 19 October 2017, C-281/16 - Vereniging Hoekschewaards
Landschap ONLINE
309 Judgement of 26 July 2017, C-196/16 and C-197/2016, Commune di
Corridonia, ECLI:EU:C:2017:589 ONLINE
310 Case C-60/15, Judgment of the Court (Fifth Chamber) of 13 July 2017, Saint-
Gobain Glass Deutschland GmbH v European Commission ONLINE
311 Case C‑529/15 Judgment of the Court (First Chamber) of 1 June 2017 Gert
Folk ONLINE
312
Case C‑673/13 P, Judgment of the Court (Fifth Chamber), European
Commission v Stichting Greenpeace Nederland and Pesticide Action Network
Europe (PAN Europe)
ONLINE
313 Case C-243/15, Judgment of the Court (Grand Chamber) of 8 November
2016, Lesoochranárske zoskupenie VLK v Obvodný úrad Trenčín ONLINE
314 C-137/14 Opinion of Advocate General Wathelet of 21 May 2015.
Commission v Germany. (FR) ONLINE
315 C-570/13 Judgment of the Court (Fifth Chamber) of 16 April 2015. Gruber. ONLINE
316 C-71/14 Opinion of Advocate General Sharpston of 16 April 2015. East
Sussex County Council v Information Commissioner. ONLINE
317
C-329/13 Order of the Court (Ninth Chamber) of 8 May 2014. Ferdinand
Stefan v Bundesministerium für Land- und Forstwirtschaft, Umwelt und
Wasserwirtschaft.
ONLINE
318 C-206/13 Judgment of the Court (Tenth Chamber) of 6 March 2014. Siragusa
v Regione Sicilia – Soprintendenza Beni Culturali e Ambientali di Palermo. ONLINE
319 C-530/11 Judgment of the Court (Second Chamber) of 13 February 2014. ONLINE
90
Commission v United Kingdom.
320
C-279/12 Judgment of the Court (Grand Chamber) of 19 December 2013.
Fish Legal, Emily Shirley v The Information Commissioner, United Utilities,
Yorkshire Water and Southern Water.
ONLINE
321 C-72/12, Judgment of the Court (Second Chamber) of 7 November 2013,
Gemeinde Altrip and Others v Land Rheinland-Pfalz ONLINE
322 C-420/11 Judgment of the Court (Fourth Chamber) of 14 March 2013. Leth v
Republik Österreich and Land Niederösterreich. ONLINE
323 C-416/10, Judgment of the Court (Grand Chamber) of 15 January 2013, Jozef
Križan and Others v Slovenská inšpekcia životného prostredia. ONLINE
324 T-62/12 Order of the General Court (Sixth Chamber) of 8 October 2012,
ClientEarth v Council of the European Union. ONLINE
325 T-111/11 ClientEarth v Commission. ONLINE
326 C-135/11 P Judgment of the Court (Third Chamber) of 21 June 2012, IFAW
Internationaler Tierschutz-Fonds gGmbH v European Commission. ONLINE
327 C-204/09 Judgment of the Court (Grand Chamber) of 14 February 2012,
Flachglas Torgau GmbH v Bundesrepublik Deutschland. ONLINE
328 C-71/10 Judgment of the Court (Third Chamber) of 28 July 2011. Office of
Communications v Information Commissioner. ONLINE
329 T-233/09 Judgment of the General Court (Third Chamber) of 22 March 2011,
Access Info Europe v Council of the European Union. ONLINE
330
C-240/09 Judgment of the Court (Grand Chamber) of 8 March 2011,
Lesoochranárske zoskupenie VLK v Ministerstvo životného prostredia
Slovenskej republiky.
ONLINE
331
C-115/09, Judgment of the Court (Fourth Chamber) of 12 May 2011, Bund
für Umwelt und Naturschutz Deutschland, Landesverband Nordrhein-
Westfalen eV v Bezirksregierung Arnsberg.
ONLINE
91
332 T-362/08 Judgment of the General Court (Eighth Chamber) of 13 January
2011, IFAW Internationaler Tierschutz-Fonds gGmbH v European Commission ONLINE
333 C-524/09 Judgment of the Court (Fourth Chamber) of 22 December 2010,
Ville de Lyon v Caisse des dépôts et consignations. ONLINE
334
C-266/09 Judgment of the Court (Fourth Chamber) of 16 December 2010,
Stichting Natuur en Milieu and Others v College voor de toelating van
gewasbeschermingsmiddelen en biociden.
ONLINE
335 C-28/08 P Judgment of the Court (Grand Chamber) of 29 June 2010,
European Commission v The Bavarian Lager Co. Ltd. ONLINE
336
C-263/08 Judgment of the Court (Second Chamber) of 15 October 2009.
Djurgården-Lilla Värtans Miljöskyddsförening v Stockholms kommun genom
dess marknämnd.
ONLINE
337 C-427/07 Judgment of the Court (Second Chamber) of 16 July 2009.
Commission v Ireland. ONLINE
338 T-121/05 Judgment of the Court of First Instance (Seventh Chamber) of 11
March 2009, Borax Europe Ltd v Commission of the European Communities. ONLINE
339 T-166/05 Judgment of the Court of First Instance (Seventh Chamber) of 11
March 2009, Borax Europe Ltd v Commission of the European Communities. ONLINE
340 C-552/07 Judgment of the Court (Fourth Chamber) of 17 February 2009,
Commune de Sausheim v Pierre Azelvandre. ONLINE
341 C-39/05 P Judgment of the Court (Grand Chamber) of 1 July 2008, Kingdom
of Sweden and Maurizio Turco v Council of the European Union ONLINE
342
C-344/04 Judgment of the Court (Grand Chamber) of 10 January 2006, The
Queen, on the application of International Air Transport Association and
European Low Fares Airline Association v Department for Transport.
ONLINE
343 C-321/96 Judgment of the Court (Sixth Chamber) of 17 June 1998, Wilhelm
Mecklenburg v Kreis Pinneberg - Der Landrat. ONLINE
92
344
C-321/95 P Judgment of the Court of 2 April 1998, Stichting Greenpeace
Council (Greenpeace International) and Others v Commission of the
European Communities
ONLINE
345
T-219/95 Order of the President of the Court of First Instance of 22
December 1995, Marie-Thérèse Danielsson, Pierre Largenteau and Edwin
Haoa v Commission of the European Communities.
ONLINE
346
T-585/93 Order of the Court of First Instance (First Chamber) of 9 August
1995, Stichting Greenpeace Council (Greenpeace International) and others v
Commission of the European Communities.
ONLINE
347 C-25/62 Judgment of the Court of 15 July 1963, Plaumann & Co. v
Commission of the European Economic Community. ONLINE
III. Industrial Emissions
1. EU Documents
348
Directive (EU) 2015/2193 of the European Parliament and of the Council of 25
November 2015 on the limitation of emissions of certain pollutants into the
air from medium combustion plants
ONLINE
349
COMMISSION DECISION 2011/C 146/03 of 16 May 2011 establishing a forum
for the exchange of information pursuant to Article 13 of the Directive
2010/75/EU on industrial emissions
ONLINE
350
Directive 2010/75/EU of the European Parliament and of the Council of 24
November 2010 on industrial emissions (integrated pollution prevention
and control)
ONLINE
351
Directive 2009/126/EC of the European Parliament and of the Council of 21
October 2009 on Stage II petrol vapour recovery during refuelling of motor
vehicles at service stations
ONLINE
352
Regulation (EC) No 166/2006 of the European Parliament and of the Council
of 18 January 2006 concerning the establishment of a European Pollutant
Release and Transfer Register and amending Council Directives 91/689/EEC
ONLINE
93
and 96/61/EC
353
European Parliament and Council Directive 94/63/EC of 20 December 1994 on
the control of volatile organic compound (VOC) emissions resulting from the
storage of petrol and its distribution from terminals to service stations
ONLINE
354
Commission Implementing Decision (EU) 2018/1135 of 10 August 2018
establishing the type, format and frequency of information to be made
available by the Member States for the purposes of reporting on the
implementation of Directive 2010/75/EU of the European Parliament and of
the Council on industrial emissions (notified under document C(2018) 5009)
ONLINE
355
Commission Implementing Decision (EU) 2015/2119 of 20 November 2015
establishing best available techniques (BAT) conclusions, under Directive
2010/75/EU of the European Parliament and of the Council, for the production
of wood-based panels (notified under document C(2015) 8062)
ONLINE
356
Commission Implementing Decision 2014/738/EU of 9 October 2014
establishing best available techniques (BAT) conclusions, under Directive
2010/75/EU of the European Parliament and of the Council on industrial
emissions, for the refining of mineral oil and gas (notified under document
C(2014) 7155)
ONLINE
357
Commission Implementing Decision 2014/687/EU of 26 September 2014
establishing the best available techniques (BAT) conclusions, under Directive
2010/75/EU of the European Parliament and of the Council, for the production
of pulp, paper and board (notified under document C(2014) 6750)
ONLINE
358
Commission Implementing Decision 2013/84/EU of 11 February 2013
establishing the best available techniques (BAT) conclusions under Directive
2010/75/EU of the European Parliament and of the Council on industrial
emissions for the tanning of hides and skins (notified under document C(2013)
618)
ONLINE
359 Commission Implementing Decision 2012/119/EU of 10 February 2012 laying
down rules concerning guidance on the collection of data and on the drawing ONLINE
94
up of BAT reference documents and on their quality assurance referred to in
Directive 2010/75/EU of the European Parliament and of the Council on
industrial emissions (notified under document C(2012) 613)
360
Commission Implementing Decision 2012/135/EU of 28 February 2012
establishing the best available techniques (BAT) conclusions under Directive
2010/75/EU of the European Parliament and of the Council on industrial
emissions for iron and steel production (notified under document C(2012) 903)
ONLINE
361
COMMISSION IMPLEMENTING DECISION 2012/134/EU of 28 February 2012
establishing the best available techniques (BAT) conclusions under Directive
2010/75/EU of the European Parliament and of the Council on industrial
emissions for the manufacture of glass
ONLINE
362
Commission Implementing Decision 2012/795/EU of 12 December 2012
establishing the type, format and frequency of information to be made
available by the Member States for the purposes of reporting on the
implementation of Directive 2010/75/EU of the European Parliament and of
the Council on industrial emissions (notified under document C(2012) 9181)
ONLINE
363 Application of IED Article 15(4) derogations, Final Report, European
Commission Directorate-General Environment, March 2018 ONLINE
364
REGULATION (EC) No 1367/2006 OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL of 6 September 2006 on the application of the provisions of the
Aarhus Convention on Access to Information, Public Participation in Decision-
making and Access to Justice in Environmental Matters to Community
institutions and bodies
ONLINE
365
Convention on Access to Information, Public Participation in Decision-Making
and Access to Justice in Environmental Matters (Aarhus Convention), 25 June
1998
ONLINE
2. EU Case Law
366 Case C-304/15, Judgment of the Court (Seventh Chamber) of 21 September ONLINE
95
2016, European Commission v United Kingdom of Great Britain and Northern
Ireland
367 Case C-506/14, Judgment of the Court (Sixth Chamber) of 26 October 2016,
Yara Suomi Oy and Others v Työ-ja elinkeinoministeriö ONLINE
368 Case C-137/14, Judgment of the Court (Second Chamber) of 15 October 2015,
European Commission v Federal Republic of Germany ONLINE
369
C-442/14, Judgment of the Court (Fifth Chamber) of 23 November 2016, Bayer
CropScience SA-NV and Stichting De Bijenstichting v College voor de toelating
van gewasbeschermingsmiddelen en biociden
ONLINE
370
Case C‑81/14, Judgment of the Court (Fifth Chamber) of 10 September 2015,
Nannoka Vulcanus Industries BV v College van gedeputeerde staten van
Gelderland
ONLINE
371 T-565/14, Order of the General Court (Seventh Chamber) of 17 July 2015,
European Environmental Bureau (EEB) v European Commission ONLINE
372 C-243/13 Judgment of the Court (Fifth Chamber) of 4 December 2014. COM v
Sweden (FR) ONLINE
373 C-158/12 Judgment of the Court (Seventh Chamber) of 11 of April 2013. COM
v Ireland. ONLINE
374 C-260/11 Judgment of the Court (Fourth Chamber) of 11 April 2013. Edwards
and Pallikaropoulos. ONLINE
375 C-416/11 Judgment of the Court (Grand Chamber) of 15 January 2013. Krizan
and Others. ONLINE
376
C-1165-167/09 Judgment of the Court (Fifth Chamber) of 26 May 2011.
Stichting Natuur en Milieu and Others v College van Gedeputeerde Staten van
Groningen.
ONLINE
3. Reports, Guidelines, Documents, studies
377 Report from the Commission to the Council and the European Parliament on ONLINE
96
implementation of Directive 2010/75/EU and final reports on its predecessor
legislation, 4.12.2017
378
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE
COUNCIL Report from the Commission on the reviews undertaken under
Article 30(9) and Article 73 of Directive 2010/75/EU on industrial emissions
addressing emissions from intensive livestock rearing and combustion plants
ONLINE
379
2012/119/EU: Commission Implementing Decision of 10 February 2012 laying
down rules concerning guidance on the collection of data and on the drawing
up of BAT reference documents and on their quality assurance referred to in
Directive 2010/75/EU of the European Parliament and of the Council on
industrial emissions (notified under document C(2012) 613) Text with EEA
relevance
ONLINE
380
Communication from the Commission — European Commission Guidance
concerning baseline reports under Article 22(2) of Directive 2010/75/EU on
industrial emissions
ONLINE
381
Commission Decision of 16 May 2011 establishing a forum for the exchange
of information pursuant to Article 13 of the Directive 2010/75/EU on industrial
emissions
ONLINE
382 European Commission, Citizen’s Guide to Access to Justice in Environmental
Matters, 28 September 2018 ONLINE
383 C(2017) 2616 final, Communication from the Commission of 28 April 2017 -
Commission Notice on Access to Justice in Environmental Matters ONLINE
D. Waste Law and Water Protection
I. Waste management
1. EU Policy Documents
97
384 European Commission, Circular Economy Action Plan – For a cleaner and more
competitive Europe, March 2020 ONLINE
385
Report from the Commission to the European Parliament, the Council, the
European Economic and social Committee and the Committee of the Regions
on the implementation and the impact on the environment and the
functioning of the internal market of Directive 2006/66/EC of the European
Parliament and of the Council of 6 September 2006 on batteries and
accumulators and waste batteries and accumulators and repealing Directive
91/157/EEC, Brussels, 9.4.2019, COM(2019) 166 final
ONLINE
386
Commission Staff Working Document on the evaluation of the Directive
2006/66/EC on batteries and accumulators and waste batteries and
accumulators and repealing Directive 91/157/EEC, Brussels, 9.4.2919,
COM(2019) 1300 final
ONLINE
387
Report from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions
on the implementation of the Circular Economy Action Plan, Brussels, 4.3.2019,
COM(2019) 190 final
ONLINE
388 Commission notice on technical guidance on the classification of waste
(2018/C 124/01), 9 April 2018 ONLINE
389 Notice to stakeholders withdrawal of the United Kingdom an EU waste law, 8
February 2018 ONLINE
390
COM(2018) 32 final, Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and the
Committee of the Regions on the implementation of the circular economy
package: options to address the interface between chemical, product and
waste legislation, 16 January 2018
ONLINE
391
COM(2018) 29 final, Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and the
Committee of the Regions on a monitoring framework for the circular
ONLINE
98
economy, 16 January 2018
392
COM(2018) 28 final, Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and the
Committee of the Regions - A European Strategy for Plastics in a Circular
Economy, 16 January 2018
ONLINE
393
COM(2018) 35 final, Report from the Commission to the European Parliament
and the Council, on the impact of the use of oxo-degradable plastic, including
oxo-degradable plastic carrier bags, on the environment, 16 January 2018
ONLINE
394
COM(2017) 34 final, Communication from the Commission to the European
Parliament, the Council, the European Economic and Social Committee and the
Committee of the Regions, The role of waste-to-energy in the circular
economy, 26 January 2017
ONLINE
395
COM(2017) 33 final, Report from the Commission on the to the European
Parliament, the Council, the European Economic and Social Committee and the
Committee of the Regions on the implementation of the Circular Economy
Action Plan, 26 January 2017
ONLINE
396
Communication from the Commission to the European Parliament, the Council,
the European Economic and Social Committee and the Committee of the
Regions. Closing the loop - An EU action plan for the Circular Economy,
COM/2015/0614 final 02.12.2015, Circular Economy Package (2015)
ONLINE
2. EU Legislation
397
Directive (EU) 2018/852 of the European Parliament and of the Council of 30
May 2018 amending Directive 94/62/EC on packaging and packaging waste
(Text with EEA relevance)
ONLINE
398 Directive (EU) 2018/851 of the European Parliament and of the Council of 30
May 2018 amending Directive 2008/98/EC on waste (Text with EEA relevance) ONLINE
399 Directive (EU) 2018/850 of the European Parliament and of the Council of 30
May 2018 amending Directive 1999/31/EC on the landfill of waste (Text with ONLINE
99
EEA relevance)
400
Directive (EU) 2018/849 of the European Parliament and of the Council of 30
May 2018 amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC
on batteries and accumulators and waste batteries and accumulators, and
2012/19/EU on waste electrical and electronic equipment (Text with EEA
relevance)
ONLINE
401
COM(2018) 340 final, Proposal for a DIRECTIVE OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL on the reduction of the impact of certain
plastic products on the environment, 28 May 2018 (Proposal single-use
plastics Directive)
ONLINE
402
COM(2018) 33 final, Proposal for a DIRECTIVE OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL on port reception facilities for the
delivery of waste from ships, repealing Directive 2000/59/EC and amending
Directive 2009/16/EC and Directive 2010/65/EU, 16 January 2018
ONLINE
403
Commission Directive (EU) 2015/1127 of 10 July 2015 amending Annex II to
Directive 2008/98/EC of the European Parliament and of the Council on waste
and repealing certain Directives
ONLINE
404
Commission Decision of 18 December 2014 amending Decision 2000/532/EC
on the list of waste pursuant to Directive 2008/98/EC of the European
Parliament and of the Council, 2014/955/EU
ONLINE
405
REGULATION (EU) No 1257/2013 OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL of 20 November 2013 on ship recycling and amending
Regulation (EC) No 1013/2006 and Directive 2009/16/EC
ONLINE
406
COMMISSION REGULATION (EU) No 1179/2012 of 10 December 2012
establishing criteria determining when glass cullet ceases to be waste under
Directive 2008/98/EC of the European Parliament and of the Council
ONLINE
407 COUNCIL REGULATION (EU) No 333/2011 of 31 March 2011 establishing
criteria determining when certain types of scrap metal cease to be waste under ONLINE
100
Directive 2008/98/EC of the European Parliament and of the Council
408 DIRECTIVE 2012/19/EU OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 4 July 2012 on waste electrical and electronic equipment (WEEE) ONLINE
409
Directive 2011/65/EU of the European Parliament and of the Council of 8 June
2011 on the restriction of the use of certain hazardous substances in electrical
and electronic equipment
ONLINE
410
DIRECTIVE 2008/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 19 November 2008 on waste and repealing certain Directives
(repealed: Directive 2006/12/EC, 91/689/EEC and 75/439/EEC) (Waste
Framework Directive)
ONLINE
411
Directive 2006/21/EC of the European Parliament and of the Council of 15
March 2006 on the management of waste from extractive industries and
amending Directive 2004/35/EC - Statement by the European Parliament, the
Council and the Commission
ONLINE
412
DIRECTIVE 2006/66/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 6 September 2006 on batteries and accumulators and waste
batteries and accumulators and repealing Directive 91/157/EEC
ONLINE
413 REGULATION (EC) No 1013/2006 OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL of 14 June 2006 on shipments of waste ONLINE
414 DIRECTIVE 2000/53/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 18 September 2000 on end-of life vehicles ONLINE
415 COUNCIL DIRECTIVE 1999/31/EC of 26 April 1999 on the landfill of waste ONLINE
416 European Parliament and Council Directive 94/62/EC of 20 December 1994 on
packaging and packaging waste ONLINE
417
Council Directive 86/278/EEC (consolidated version) of 12 June 1986 on the
protection of the environment, and in particular of the soil, when sewage
sludge is used in agriculture
ONLINE
3. EU Case law
101
418 Case 21/19, Judgment of the Court (Fifth Chamber) of 3 September 2020,
Criminal proceedings against XN and Others ONLINE
419
Case C-654/18, Judgment of the Court (Fifth Chamber) of 28 May 2020
Interseroh Dienstleistungs GmbH v SAA Sonderabfallagentur Baden-
Württemberg Gmb
ONLINE
420
Case C-15/19, Judgment of the Court (Second Chamber) of 14 May 2020,
A.m.a. - Azienda Municipale Ambiente SpA v Consorzio Laziale Rifiuti –
Co.La.Ri.
ONLINE
421 Case C-248/19, Judgment of the Court (Sixth Chamber) of 5 March 2020,
European Commission v Republic of Cyprus ONLINE
422 Case C-642/18, Judgment of the Court (Eighth Chamber) of 5 December 2019,
European Commission v Kingdom of Spain ONLINE
423 Case C-434/18, Judgment of the Court (Ninth Chamber) of 11 July 2019,
European Commission v Italian Republic ONLINE
424 Case C-624/17, Judgment of the Court (Second Chamber) of 4 July 2019,
Openbaar Ministerie v Tronex BV ONLINE
425 C‑634/17 Judgement of the Court (Fifth Chamber) of 23 May 2019, ReFood
GmbH & Co. KG v Landwirtschaftskammer Niedersachsen ONLINE
426
C‑689/17 Judgement of the Court (Fifth Chamber) of 16 May 2019, Conti 11.
Container Schiffahrts-GmbH & Co. KG Ms ‘MSC Flaminia’ v Land
Niedersachsen
ONLINE
427
Case C-305/18, Judgment of the Court (Sixth Chamber) of 8 May 2019,
Associazione "Verdi Ambiente e Società - Aps Onlus" (VAS) and “Movimento
Legge Rifiuti Zero per l'Economia Circolare” Aps v Presidente del Consiglio dei
Ministri and Others
ONLINE
428 Case C-250/18, Judgment of the Court (Eighth Chamber) of 2 May 2019,
European Commission v Republic of Croatia ONLINE
102
429 C–60/18 Judgment of the Court (Second Chamber) of 28 March 2019, Tallinna
Vesi AS v Keskkonnaamet ONLINE
430 Joined Cases C‑487/17 to C‑489/17 Judgement of the Court (Tenth Chamber)
of 28 March 2019, Alfonso Verlezza ONLINE
431 C-498/17 Judgement of the Court (Fifth Chamber) of 21 March 2019, European
Commission v Italian Republic ONLINE
432 C‑399/17 Judgement of the Court (First Chamber) of 14 March 2019, European
Commission v Czech Republic ONLINE
433 C‑626/16 Judgement of the Court (Fourth Chamber) of 4 July 2018, European
Commission v Slovak Republic ONLINE
434 C‑104/17, Judgement of the Court (Ninth Chamber) of 15 March 2018, SC Cali
Esprou SRL v Administraţia Fondului pentru Mediu ONLINE
435 C‑335/16 Judgement of the Court (Sixth Chamber) of 30 March 2017, VG
Čistoća d.o.o. v Đuro Vladika and Ljubica Vladika ONLINE
436
C-313/15 Judgment of the Court (Third Chamber) of 10 November 2016, Eco-
Emballages SA and Others v Sphère France SAS and Others and Melitta France
SAS and Others v Ministre de l’Écologie, du Développement durable et de
lʼÉnergie
ONLINE
437 C-147/15 Judgment of the Court (Fourth Chamber) of 28 July 2016, Città
Metropolitana di Bari, formerly Provincia di Bari v Edilizia Mastrodonato Srl ONLINE
438 C-69/15 Judgment of the Court (Fourth Chamber) of 9 June 2016, Nutrivet
D.O.O.E.L. v Országos Környezetvédelmi és Természetvédelmi Főfelügyelőség ONLINE
439
C-487/14 Judgment of the Court (Seventh Chamber) of 26 November 2015, SC
Total Waste Recycling SRL v Országos Környezetvédelmi és Természetvédelmi
Főfelügyelőség
ONLINE
440 C-198/14 Judgment of the Court (Fifth Chamber) of 12 November 2015, Valev
Visnapuu v Kihlakunnansyyttäjä and Suomen valtio - Tullihallitus ONLINE
103
441
C-369/14 Judgment of the Court (Third Chamber) of 16 July 2015,
Sommer Antriebs- und Funktechnik GmbH v Rademacher Geräte-Elektronik
GmbH & Co. KG
ONLINE
442 C- 551/13 Judgment of the Court (Sixth Chamber) of 18 December 2014.
SETAR v Comune di Quartu S. Elena. ONLINE
443 C-292/12 Judgment of the Court (Fifth Chamber) of 19 December 2013. Ragn-
Sells AS v Sillamäe Linnavalitsus. ONLINE
444
Joined cases C-241/12 and C-242/12 Judgment of the Court (First Chamber) of
12 December 2013. Shell Nederland Verkoopmaatschappij BV et Belgian Shell
NV.
ONLINE
445 C-113/12 Judgment of the Court (Fourth Chamber) of 3 October 2013. Donal
Brady v Environmental Protection Agency. ONLINE
446
C-358/11 Judgment of the Court (Second Chamber) of 7 March 2013. Lapin
elinkeino-, liikenne- ja ympäristökeskuksen liikenne ja infrastruktuuri -
vastuualue v Lapin luonnonsuojelupiiri ry.
ONLINE
447 C-209/09 Judgment of the Court (Eighth Chamber) of 25 February 2010. Lahti
Energia ONLINE
448 C-286/08 Judgment of the Court (Fifth Chamber) of 10 September 2009.
Commission v Grèce. (FR) ONLINE
449 C-254/08 Judgment of the Court (Second Chamber) of 16 July 2008. Hotel
Futura et al. v Comune di Casoria. ONLINE
450 C-188/07 Judgment of the Court (Grand Chamber) of 24 June 2008. Commune
de Mesquer v Total France SA, Total International Ltd. ONLINE
451 C-252/05 Judgment of the Court (Second Chamber) of 10 May 2007. Thames
Water Utilities. ONLINE
452 C-215/04 Judgment of the Court (First Chamber) of 16 February 2006. Marius
Pedersen A/S v Miljøstyrelsen. ONLINE
104
453 C-208/04 Order of the Court (Fifth Chamber) of 28 January 2005. Inter-
environnement Wallonie v Région wallonne. (FR) ONLINE
454 C-6/03 Judgment of the Court (First Chamber) of 14 April 2005.
Deponiezweckverband Eiterköpfe v Land Rheinland-Pfalz. ONLINE
455 C-309/02 Judgment of the Court (Grand Chamber) of 14 December 2004.
Radlberger v Land Baden-Württemberg. ONLINE
456 C-463/01 Judgment of the Court (Grand Chamber) of 14 December 2004.
Commission v Allemagne. ONLINE
457 C-457/02 Judgment of the Court (Second Chamber) of 11 November 2004.
Antonio Niselli. ONLINE
458 C-1/03 Judgment of the Court (Second Chamber) of 7 September 2004. Van
de Walle et autres v Texaco Belgique. ONLINE
459 C-114/01 Judgment of the Court (Sixth Chamber) of 11 September 2003.
AvestaPolarit Chrome Oy. ONLINE
460 C-177/01 Judgment of the Court (Fourth Chamber) of 6 June 2002.
Commission v France. ONLINE
461 C- 9/00 Judgment of the Court (Sixth Chamber) of 18 April 2002. Palin Granit. ONLINE
462 C-203/96 Judgment of the Court (Sixth Chamber) of 25 June 1998. Chemische
Afvalstoffen Dusseldorp BV e.a. ONLINE
463 Joined cases C-304/94, C-330/94, C-342/94 and C-224/95 Judgment of the
Court (Sixth Chamber) of 25 June 1997. Euro Tombesi e.a. ONLINE
464 C-187/93 Judgment of the Court of 28 June 1994. Parlement v Conseil. ONLINE
465 C-118/86 Judgment of the Court (Fifth Chamber) of 6 October 1987.
Nertsvoederfabriek Netherland BV. ONLINE
466 C-240/83 Judgment of the Court of 7 February 1985. Association des brûleurs
d’huiles usagées. ONLINE
105
II. Water law and policy
1. EU Documents
467
Proposal for a Regulation of the European Parliament and of the Council on
minimum requirements for water reuse, Brussels, 28.5.2018, COM(2018) 337
final
ONLINE
468
COM(2017) 753 final, Proposal for a Directive of the European Parliament and
of the Council on the quality of water intended for human consumption, 1
February 2018
ONLINE
469
Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria and
methodological standards on good environmental status of marine waters and
specifications and standardised methods for monitoring and assessment, and
repealing Decision 2010/477/EU
ONLINE
470
COM(2015) 120 final, COMMUNICATION FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT AND THE COUNCIL The Water Framework Directive
and the Floods Directive: Actions towards the 'good status' of EU water and to
reduce flood risks, 9 March 2015
ONLINE
471
Directive 2013/39/EU of the European Parliament and of the Council of 12
August 2013 amending Directives 2000/60/EC and 2008/105/EC as regards
priority substances in the field of water policy
ONLINE
472
DIRECTIVE 2008/105/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 16 December 2008 on environmental quality standards in the field
of water policy, amending and subsequently repealing Council Directives
82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending
Directive 2000/60/EC of the European Parliament and of the Council
ONLINE
473
Directive 2008/56/EC of the European Parliament and of the Council of 17
June 2008 establishing a framework for Community action in the field of
marine environmental policy (Marine Strategy Framework Directive)
ONLINE
474 Directive 2007/60/EC of the European Parliament and of the Council of 23 ONLINE
106
October 2007 on the assessment and management of flood risks (Floods
Directive)
475
DIRECTIVE 2006/118/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 12 December 2006 on the protection of groundwater against
pollution and deterioration (Groundwater Directive)
ONLINE
476
Directive 2006/7/EC of the European Parliament and of the Council of 15
February 2006 concerning the management of bathing water quality and
repealing Directive 76/160/EEC (Bathing Water Directive)
ONLINE
477
DECISION No 2455/2001/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 20 November 2001 establishing the list of priority substances in
the field of water policy and amending Directive 2000/60/EC
ONLINE
478
DIRECTIVE 2000/60/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 23 October 2000 establishing a framework for Community action
in the field of water policy (Water Framework Directive)
ONLINE
479
Council Directive 98/83/EC of 3 November 1998 on the quality of water
intended for human consumption as amended by Commission Directive (EU)
2015/1787 (Drinking Water Directive)
ONLINE
480
COUNCIL DIRECTIVE 91/676/EEC of 12 December 1991 concerning the
protection of waters against pollution caused by nitrates from agricultural
sources (Nitrates Directive)
ONLINE
481 COUNCIL DIRECTIVE 91/271/EEC of 21 May 1991 concerning Urban Waste
Water Treatment (Urban Waste Water Treatment Directive) ONLINE
482
COMMISSION STAFF WORKING DOCUMENT SWD(2015) 50 final of 9 March
2015: Report on the progress in implementation of the Water Framework
Directive
ONLINE
2. EU Case law ONLINE
483 Case C-384/19, Judgment of the Court (Seventh Chamber) of 2 April 2020 ONLINE
107
European Commission v Kingdom of Spain
484
Case C-298/19, Judgment of the Court (Ninth Chamber) of 27 February 2020
European Commission v Hellenic Republic ONLINE
485
Case C-105 to 113/18, Judgment of the Court (Fifth Chamber) of 7 November
2019, Asociación Española de la Industria Eléctrica (UNESA) and Others v
Administración General del Estado
ONLINE
486 Case C-556/18, Judgment of the Court (Seventh Chamber) of 26 September
2019, European Commission v Kingdom of Spain ONLINE
487 Case C-328/16, Judgment of the Court (Third Chamber) of 22 February 2018,
European Commission v Hellenic Republic ONLINE
488
Case C-664/15, Judgment of the Court (Second Chamber) of 20 December
2017, Protect Natur-, Arten- und Landschaftsschutz Umweltorganisation v
Bezirkshauptmannschaft Gmünd
ONLINE
489 Case C-320/15, Judgment of the Court (Tenth Chamber) of 14 September
2017, European Commission v Hellenic Republic ONLINE
490 C-502/15 Judgment of the Court (Ninth Chamber) of 4 May 2017, European
Commission v United Kingdom of Great Britain and Northern Ireland ONLINE
491 C-4/16 Judgment of the Court (Second Chamber) of 2 March 2017, J. D. v
Prezes Urzędu Regulacji Energetyki ONLINE
492 C-686/15 Judgment of the Court (Sixth Chamber) of 7 December 2016,
Vodoopskrba i odvodnja d.o.o. v Željka Klafurić ONLINE
493 C-648/13 Judgment of the Court (Sixth Chamber) of 30 June 2016, European
Commission v Republic of Poland ONLINE
494 C-346/14 Judgment of the Court (First Chamber) of 4 May 2016, European
Commission v Republic of Austria ONLINE
495 C-461/13 Judgment of the Court (Grand Chamber) of 1 July 2015
Bund für Umwelt und Naturschutz Deutschland e.V. v Bundesrepublik ONLINE
108
Deutschland
496 C- 525/11 Judgment of the Court (Third Chamber) of 18 October 2012.
Mednis SIA v Valsts ieņēmumu dienests. ONLINE